insrSTie-TJOTIOlTS 


—TO— 

ELECTION  OFFICERS  AND  VOTERS. 


PREPARED  BY  THE  SECRETARY  OF  STATE. 


It  is  made  the  duty  of  the  Secretary  of  State,  in  sending  out 
this  chapter  embracing  the  new  election  law,  to  print  “all  neces¬ 
sary  forms  and  instructions  to  assist  election  officers  to  carry  its 
provisions  into  effect.”  County  officers  should,  however,  read  the 
entire  law  carefully  and  familiarize  themselves  with  its  contents. 

Each  county,  in  proportion  to  its  population,  will  receive  its 
quota  of  this  chapter  through  the  county  clerks.  Officers  of  elec¬ 
tion  are  to  be  appointed  at  the  August  term  of  each  county  court, 
for  a  period  of  one  year,  and  these  should  be  supplied  immediately 
thereafter  by  the  county  clerk,  in  order  that  they  may  familiarize 
themselves  with  their  duties. 

It  is  not  deemed  essential  to  give  a  detailed  synopsis  of  the 
election  bill,  but  merely  to  note  the  steps  necessary  to  be  taken  by 
the  various  officers  who  are  to  perform  duties  in  elections,  and  to 
note  particularly  their  duties  wherein  the  new  law  differs  materi¬ 
ally  from  the  old. 

DUTIES  OF  THE  COUNTY  COURT. 

The  county  court  of  each  county  shall,  on  or  before  the  August 
term  of  said  court,  divide  the  justices’  districts  into  election  pre¬ 
cincts  and  establish  the  name  or  number,  boundaries  and  place  of 
voting,  as  prescribed  in  article  2,  section  1443.  At  the  August 
term  the  county  court  shall  select  the  election  officers.  (See  article 
3,  section  1447.) 

'No  person  shall  be  eligible  as  an  election  officer  who  has  any 
thing  of  value  bet  or  wagered  on  the  result  of  tlie  election,  or  who 
is  a  candidate  to  be  voted  for  at  such  election,  or  who  is  unable  to 
read  and  write  the  English  language.  (See  article  3,  section  1448.) 


2 


INSTRUCTIONS  TO  ELECTION  OFFICERS  AND  VOTERS.  V'  U  ' 

'  V,  >>_ 


DUTIES  OF  SHERIFF. 

The  sheriff  shall  give  written  notice  to  the  officers  of  election  of 
their  selection  by  the  county  court.  (See  article  3,  section  1449.) 

If  the  office  of  sheriff  is  vacant,  or  if  the  sheriff  or  his  deputy 
is  a  candidate  at  any  election,  the  duties  imposed  upon  the  sheriff 
shall  be  performed  by  the  coroner,  or  in  his  absence  or  candidacy, 
by  some  person  appointed  by  the  county  judge.  (See  article  3,  sec¬ 
tion  1451. 

It  shall  be  the  duty  of  the  sheriff  to  secure  in  each  election  pre¬ 
cinct  a  suitable  room  in  which  to  hold  the  election,  and  to  provide 
therein  a  sufficient  number  of  booths  or  compartments  in  which 
voters  shall  mark  their  ballots.  (For  full  description  of  these 
booths  see  article  3,  section  1467.) 

He  shall  also  provide  ballot-boxes  as  prescribed  in  article  3, 
section  1468. 

DUTIES  OF  COUNTY  CLERK. 

In  all  elections  hereafter  held  in  this  State  on  any  subject 
which  may  by  law  be  submitted  to  a  vote  of  the  people,  and  for 
all  or  any  State,  district,  county  or  municipal  officers,  except 
school  trustees  and  other  common  school  district  elections,  the 
voting  shall  be  by  secret  official  ballots.  It  shall  be  the  duty  of 
the  county  clerk  to  prepare  these  ballots,  which  shall  conform  to 
the  model  described  in  article  3,  section  1460. 

He  shall  cause  to  be  printed  thereon  the  names  of  the  candi¬ 
dates  nominated  by  the  convention  or  primary  elections  of  the 
various  political  parties,  and  also  those  who  may  be  petitioned  for 
as  .provided  in  article  3,  sections  1453  and  1454. 

In  preparing  the  ballots  the  county  clerk  shall  cause  such  can¬ 
didates’  names  to  be  printed  under  some  suitable  device  or  title, 
and  arrange  the  names  composing  the  various  tickets  in  parallel 
columns  in  such  order  as  the  Secretary  of  State  may  direct,  pref¬ 
erence  being  given  to  the  ticket  casting  the  largest  vote  at  the  pre¬ 
ceding  election.  The  device  of  each  party  shall  be  inclosed  in  a 
square  of  not  less  than  one  inch  on  each  side,  and  shall  be  placed 
at  the  head  of  the  list  of  candidates  of  the  party.  Immediately 
under  it  shall  be  placed  the  name  or  title  of  the  party  ticket ;  and 
immediately  under  the  name  or  title  the  list  of  candidates  of 
the  party,  the  name  of  each  candidate  having  immediately  on  its 
right  a  small  square,  large  enough  to  contain  the  cross-mark  by 
which  the  voter  is  required  to  designate  his  vote.  Underneath  the 


INSTRUCTIONS  TO  ELECTION  OFFICERS  AND  VOTERS. 


3 


name  of  each  candidate  shall  be  left  a  blank  space  large  enough  to 
contain  a  written  name.  The  devices  selected  by  the  various  par¬ 
ties  and  heretofore  certified  to  county  clerks  by  the  Secretary  of 
State  shall  remain  as  the  device  of  said  party  tickets  until  changed 
by  the  request  of  a  subsequent  State  convention  of  said  party. 
(See  article  3,  section  1453.) 

The  county  clerk  shall  cause  to  be  printed,  bound  and  ready  for 
distribution,  not  less  than  three  days  before  an  election,  one  book 
of  stubs  and  ballots,  as  described  above,  for  each  voting  precinct, 
and  to  distribute  same  within  such  three  days  to  the  various  clerks 
of  such  election,  and  also  provide  a  sufficient  number  of  black  ink 
stencils,  sample  ballots  and  cards  of  instructions.  (See  article  3, 
(section  20. 

County  clerks  should  note  that  the /he  simile  of  their  signature 
must  be  printed  on  the  back  of  each  ballot.  This  must  be  secured 
from  some  engraver  in  ample  time  for  the  printing  of  the  ballots. 

In  all  elections  by  voters  of  the  entire  State,  the  Secretary  of 
State  will  furnish  to  the  county  clerks  the  names  of  all  candidates 
entitled  to  have  their  names  printed  on  the  official  ballots,  the 
>  device  under  which  same  shall  be  printed,  and  the  order  in  which 
same  shall  be  arranged.  In  elections  where  there  are  no  officers 
to  be  elected  by  voters  of  the  entire  State,  the  certificates  or  peti¬ 
tions  of  nomination  shall  be  furnished  by  the  proper  parties  to  the 
county  clerks  of  the  counties  in  which  the  election  is  to  be  held. 

Cards  of  instructions  must  be  provided  by  the  county  clerks  for 
the  guidance  of  voters  in  preparing  their  ballots.  (See  article  3, 
section  1466.)  These  cards  should  be  printed  in  bold  Roman  type, 
not  smaller  than  great  primer.  Eight  of  these  shall  be  furnished 
for  each  election  precinct.  For  the  convenience  of  clerks  the  fol¬ 
lowing  form  is  suggested : 

mSTRUCTIOITS  TO  VOTERS. 

1.  Any  person  desiring  to  vote  must  enter  the  voting-room  and  give  his 
name  and  residence,  if  requested,  to  the  clerk.  If  he  is  entitled  to  vote, 

^  the  clerk  shall  then  give  him  one  ballot,  to  be  indorsed  by  the  clerk’s 
name  in  writing,  and  shall  give  explanation  of  the  manner  of  voting  on 
request  of  the  voter. 

2.  After  receiving  the  ballot,  the  voter  must  forthwith  retire  alone  to 
one  of  the  voting  booths  and  prepare  his  ballot  by  making  a  cross-mark 
in  the  square  opposite  the  name  of  the  candidate  of  his  choice.  A  stencil 
with  a  X  (cross)  thereon  will  be  provided  in  each  voting  booth  for  the 
voter.  In  case  of  a  question  submitted  to  the  vote  of  the  people,  the  cross¬ 
mark  should  be  marked  against  the  answer  which  the  voter  desires  to 


4 


INSTRUCTIONS  TO  ELECTION  OFFICERS  AND  VOTERS. 


give.  Should  the  voter  desire  to  vote  for  each  and  every  candidate  of  one 
party  he  shall  stamp  the  cross-mark  in  the  large  square  at  the  top  of  the 
ballot  containing  the  device  or  emblem  under  which  the  names  of  all  can¬ 
didates  of  the  said  party  are  printed,  and  the  vote  so  marked  shall  be 
counted  for  all  the  candidates  under  that  title.  Except  that  when  so 
marked  the  voter  may  make  the  cross-mark  after  the  name  of  one  or  more 
candidates  of  any  other  parties,  and  this  vote  shall  be  counted  for  the 
candidate  so  marked, .and  shall  not  be  counted  for  the  candidate  for  the 
same  office  on  the  ticket  of  the  party  first  marked. 

If  the  voter  mark  more  names  than  there  are  persons  to  be  elected  to 
an  office,  his  vote  shall  not  be  counted  for  that  office.  The  voter  may  vote 
for  any  qualified  person  for  an  office  to  be  filled.  A  blank  line  is  pro¬ 
vided  under  the  name  of  every  candidate  printed  on  the  ballot.  The 
voter  can  write,  in  black  pencil  mark,  on  this  blank  line  the  name  of  the 
person  for  whom  he  desires  to  vote,  and  shall  stamp  the  cross-mark  in  the 
square  opposite  on  the  right,  but  no  printed  name  should  be  marked  out. 

3.  A  voter  who  declares  on  oath  that  he  is  blind  or  can  not  read  the 
English  language,  or  who,  from  physical  disability,  is  unable  to  mark  his 
ballot,  may  apply  to  the  clerk  of  the  election  to  assist  him  in  marking  the 
same. 

4.  The  voter,  before  leaving  the  booth,  shall  fold  his  ballot  so  that  the 
indorsements  and  the  fac  simile  of  the  signature  of  the  county  clerk  and 
the  signature  of  the  election  clerk  shall  be  exposed,  while  the  cross-marks 
showing  how  he  voted  must  be  concealed. 

5.  The  voter  must  not  occupy  the  voting  booth  more  than  three  minutes 
in  marking  his  ballot.  He  will  then  hand  his  ballot,  properly  folded,  to 
one  of  the  judges  of  election,  who,  after  detaching  the  secondary  stub 
which  bears  the  voter’s  name,  will  deposit  the  ballot  in  the  ballot-box. 

6.  The  voter  must  then  promptly  leave  the  voting-room,  and  shall  not 
be  allowed  to  re-enter  it  during  said  election. 

7.  If  a  voter  should  spoil  or  deface  a  ballot  by  mistake,  so  that  it  can 
not  be  used,  he  may  return  it  to  the  clerk  of  election,  and  in  place  thereof 
receive  one  other  ballot.  If  he  does  not  vote  a  ballot  delivered  to  him  by 
the  clerk,  he  shall  return  it  to  the  clerk  before  leaving  the  voting-room. 
Any  voter  who  shall  attempt  to  leave  the  room  with  a  ballot  in  his  pos¬ 
session,  shall  at  once  be  arrested  on  demand  of  either  of  the  judges,  and 
shall  be  fined  therefor  not  less  than  twenty -five  nor  more  than  one  hun¬ 
dred  dollars. 

8.  Voters  and  officers  of  election  should  specially  heed  the  following 
provisions  of  the  election  law: 

ARTICLE  III,  SECTION  1482. 

“  When  the  polls  are  closed  the  officers  of  election  shall,  in  the  voting- 
room,  immediately  count  the  votes,  and  certify  the  same  as  hereinafter 
provided;  and  no  adjournment  shall  be  had  until  the  same  is  completed. 
When  the  result  of  the  ballot  is  ascertained,  it  shall  be  immediately 
announced  by  one  of  the  judges  in  front  of  the  voting-room,  and  there¬ 
upon  the  judges  shall,  in  the  presence  of  the  clerk,  sherift'  and  the 
inspectors  provided  for  in  the  preceding  section,  destroy  the  ballots  voted, 
mutilated  or  spoiled,  and  the  ballots  remaining  unvoted  :  Provided^  That 
if  there  are  any  ballots  cast  and  counted,  or  left  uncounted,  concerning 
the  legality  or  regularity  of  which  there  is  any  doubt  or  difference  of 
opinion  in  the  minds  of  the  judges  of  election,  said  ballots  shall  not  be 


INSTRUCTIONS  TO  ELECTION  OFFICERS  AND  VOTERS. 


5 


destroyed,  but  sealed  up  and  returned  to  the  clerk  of  the  county  court 

with  the  returns  of  the  election,  for  such  judicial  or  other  investigation 

as  may  be  necessary,  with  a  true  statement  as  to  whether  they  have  or 

have  not  been  counted,  and,  if  counted,  what  part,  and  for  whom.”  - 

* 

ARTICLE  XIII,  SECTION  1566. 

Any  person  who  shall  knowingly  and  willfully  remove  or  attempt  to 
remove  a  ballot  from  the  election-room,  or  have  in  his  possession  outside 
the  election-room  any  ballot,  either  genuine  or  counterfeit,  during  the 
election,  shall  be  guilty  of  felony,  and,  on  conviction,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  two  nor  more  than  five  years. 

“  §  1567.  If  any  person  shall  take  or  remove  in  any  manner,  feloniously 
or  with  the  consent  or  permission  of  the  custodian  for  the  time,  any  official 
ballot  or  ballots,  from  any  place  where  they  may  lawfully  be  under  this 
law,  shall  knowingly  and  willfully  have  in  his  custody  or  possession  such 
ballots,  except  as  an  official  or  custodian  under  the  law,  or  while  within 
the  polling  place  for  the  purpose  of  voting ;  or  if  any  such  custodian  or 
official  shall  consent  to,  or  permit  any  of  such  ballots  to  be  removed  or 
carried  away  from  the  place  where  they  may  lawfully  be,  by  any  person 
except  such  official  or  custodian  whose  duty  it  is  to  receive  the  same,  such 
person,  custodian  or  official  shall  be  deemed  guilty  of  a  felony,  and,  on 
conviction,  shall  be  punished  by  imprisonment  in  the  penitentiary  for  not 
less  than  three  nor  more  than  ten  years. 

§  1568.  Any  person  who  shall,  during  the  election,  knowingly  and 
willfully  remove  or  destroy  any  of  the  supplies  or  other  conveniences  placed 
in  the  booths  for  the  purpose  of  enabling  the  voter  to  prepare  his  ballot,  or 
shall,  during  an  election,  remove,  tear  down  or  deface  the  cards  printed 
for  the  instruction  of  the  voters,  or  shall,  during  an  election,  destroy  or 
remove  any  booth,  or  other  convenience  provided  for  such  election,  or 
shall  induce  or  attempt  to  induce  any  person  to  commit  any  of  such  acts, 
whether  or  not  any  of  such  acts  are  committed  or  attempted  to  be  com¬ 
mitted,  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be 
punished  by  imprisonment  in  the  county  jail  for  not  less  than  six  months 
nor  more  than  one  year.” 


REGISTEATIOl^. 

In  cities  of  the  first,  second,  third  and  fourth  classes  a  registra¬ 
tion  of  all  qualified  voters  in  such  cities  and  towns  shall  be  held 
on  the  first  Tuesday  in  October,  and  on  such  other  days  as  the  city 
councils  of  such  cities  may  prescribe,  the  'last,  however,  to  be  not 
later  than  the  third  Tuesday  in  October.  It  shall  be  the  duty  of 
the  county  clerk  of  each  county  where  a  city  of  such  class  is  situ¬ 
ated,  to  furnish  registration  books,  and  the  election  officers  for  the 
precincts  embraced  in  such  cities  shall  hold  such  registration,  and 
the  persons  so  registered  as  prescribed,  shall  be  the  legal  voters 
for^such  city.  (See  article  4.) 

DUTIES  OF  ELECTIOll  OFFICERS. 

The  polls  must  be  opened  at  7  o’clock  a.  m.,  and  closed  at  4 


6 


INSTRUCTIONS  TO  ELECTION  OFFICERS  AND  VOTERS. 


o’clock  p.  M.  Election  officers  shall  he  promptly  on  hand  to  open 
the  polls  at  the  first  named  hour.  If  any  of  the  officers  appointed 
fail  to  attend,  or  refuse  to  act,  the  other  officers  shall  choose  some 
suitable  person  to  act  in  his  stead.  Before  receiving  the  ballot  of 
^  any  voter,  the  officers  of  election  shall  cause  to  be  proclaimed  that 
such  election  is  opened. 

No  person  but  the  election  officers  shall  remain  within  fifty  feet 
of  the  polls  except  when  voting:  Provided,  however.  That  each 
political  party  may  have  one  challenger,  duly  sworn,  to  remain  in 
the  room,  to  be  selected  as  provided  in  article  3,  section  1470. 

When  a  voter  presents  himself  the  clerk  shall  write  upon  the 
main  stub  the  name  and  residence  of  such  voter.  He  shall  also 
write  the  voter’s  name  [and  registered  number  in  towns  where 
registration  is  required]  u^^on  the  secondary  stub.  He  shall  then 
detach  the  ticket  from  the  main  stub,  leaving  the  secondary  stub 
attached  to  the  ticket,  and  shall  write  his  own  name  on  the  back 
thereof  and  deliver  said  ticket  to  voter.  He  shall,  also,  when 
requested,  give  explanation  of  the  manner  of  voting. 

When  the  voter  shall  have  prepared  his  ballot  and  folded  it  as 
prescribed  in  article  3,  section  1472,  he  shall  deliver  same  to  one 
of  the  judges,  who  shall,  after  detaching  the  secondary  stub,  drop 
the  ballot  in  the  ballot-box. 

Election  officers  shall  preserve  all  the  secondary  stubs  until  the 
close  of  the  polls,  and  shall  then  destroy  them  before  the  ballot- 
box  is  opened. 

Election  officers  must  see  that  all  ballots  delivered  to  voters 
shall  be  returned,  and  should  a  ballot  be  spoiled  or  defaced  by 
a  voter,  it  shall  not  be  destroyed,  but  the  clerk  shall  write  the 
word  “  Spoiled  ”  on  the  stub  and  ballot. 

The  clerk  shall  assist  the  voter,  who  is  laboring  under  disabili¬ 
ties,  in  preparing  his  ballot,  as  provided  in  article  3,  section  1475. 

When  the  polls  are  closed,  the  officers' of  election  shall  immedi¬ 
ately  count  the  vote,  as  provided  in  article  3,  section  1482,  announce 
the  same  in  front  of  the  voting-room,  and  certify  the  result,  as  pro¬ 
vided  in  section  1483. 

John  W.  Headley, 

Secretary  of  State. 


558 


ELECTIONS. 


[Ch.  41. 


CHAPTER  41. 


{Act  June  30, 1892.) 

ELECTIONS. 


Art.  I. 
II. 
III. 


IV. 

V. 

VI. 

VII. 


General  provisions.  1437. 
Precincts.  1443. 

Election s — how  conducted. 
1446. 

Registration.  1486. 
Canvassing  returns.  1507. 
Time  op  holding  elections. 
1514. 

Vacancies — how  filled.  1521. 


Art.  VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 


Contested  elections  and  ap¬ 
peals.  1531. 

Pay  of  officers  of  elections. 
1540. 

Electors  of  president.  1543. 
United  States  Senator.  1546. 
Primary  elections.  1550. 
Penalties  against  fraud. 
1566. 

Local  option.  1596. 


Article  I. 


General  Provisions, 


§  1437.  Meaning  of  the  word  election.  Whenever  in  this  chapter  the  word 
“  election,”  or  an  equivalent  expression,  is  used  in  reference  to 
33,*^r, bx  ^  State,  district,  county  or  municipal  election,  it  shall  be  deemed 
to  include  the  decision  of  questions  submitted  to  the  qualified 
voters  as  well  as  the  choice  of  officers  by  them. 

§  1438.  Powers  of  sheriff,  deputies  and  acting  officers.  Whenever  a  duty  is 
imposed  upon  or  a  power  confided  to  a  sherifit’  in  reference  to  an  election, 
the  same  shall  apply  to  any  other  officer  or  person  acting  as  such  concern¬ 
ing  an  election,  and  to  the  deputies  of  the  sheriff,  such  other 
G  80^33, ai,  q;^q0p  person,  in  the  same  manner  as  if  the  duty  were  im¬ 
posed  upon  or  the  power  confided  expressly  to  such  other  officer, 
person  or  deputies,  except  that,  in  canvassing  the  returns  or  giving  the 
casting  vote  in  the  election  of  a  county  judge  to  fill  a  vacancy,  no  deputy 
shall  act  without  the  express  written  authority  of  the  principal. 

§  1439.  Qualification  of  voters.  Every  male  citizen  of  the  United  States  of 
the  age  of  twenty-one  years,  who  has  resided  in  the  State  one 
Con  8 146  year,  and  in  the  county  six  months,  and  in  the  precinct  in  which 
he  offers  to  vote  sixty  days  next  preceding  the  election,  is  a 
voter  in  said  precinct  and  not  elsewhere ;  hut  the  following  persons  are 
excepted,  and  shall  not  have  the  right  to  vote : 

1.  Persons  convicted  in  any  court  of  competent  jurisdiction  of  treason 
or  felony  or  bribery  in  an  election,  or  of  such  high  misdemeanor  as  the 
General  Assembly  may  declare,  shall  operate  as  an  exclusion  from  the  right 


§  1437.  Election  —  meaning  of  term.  The 

word  “election,”  in  its  constitutional  sense, 
is  used  to  designate  a  selection  by  the  pop¬ 
ular  voice  of  a  district,  county,  town  or 
city,  or  by  some  organized  bodj’,  in  contra¬ 
distinction  to  the  appointment  by  some 
single  person  or  officer.  Police  Com’rs  v. 
City  of  Louisville,  3  Bush,  597 ;  Speed  v. 
Crawford,  3  Met.,  207. 


§  1439.  (1)  Naturalization.  A  person  of  for¬ 
eign  birth,  who  made  his  declaration  of 
intention  to  become  a  citizen  in  1870,  and 
had  resided  in  the  State  and  exercised 
without  question  the  right  of  suffrage,  was 
held  entitled  to  vote  in  1890,  although  no 
order  admitting  him  to  citizenship  was  ever 
made.  <5owan  v.  Prowse,  14  Law  Rep., 
273;  and  see  Morgan  v.  Dudley,  18  B.  M.,  693. 


Ch.  41.] 


ELECTIONS. 


559 


of  suffrage;  but  jjersoiis  hereby  excluded  may  be  restored  to  their  civil 
rights  by  executive  pardon. 

2.  Persons  who,  at  the  time  of  the  election,  are  in  confinement  under 
the  judgment  of  a  court  for  some  penal  offense. 

3.  Idiots  and  insane  persons.  {See  U,  S.  naturalization  law,  'page  32.) 

§  1440.  Soldiers,  seamen  and  marines — not  deemed  residents.  Ko  person  in  the 
military,  naval  or  marine  service  of  the  United  States  shall  be 
deemed  a  resident  of  this  State  by  reason  of  being  stationed  com  1*6 
within  the  same ;  nor  shall  any  such  soldier,  seaman  or  marine 
have  the  right  to  vote. 

§  1441.  Municipal  elections — payment  of  poll4ax.  At  all  municipal  elections, 
where  the  charter  of  a  municipality  requires  the  payment  of  a 
poll-tax  as  a  Y)rerequisite  to  vote,  the  payment  of  said  tax  shall  ^ct  92  ^ 
be  a  condition  precedent  to  said  right. 

§  1442.  Definition  of  “officers  of  election.”  ‘‘Officer  of  election,”  as  used  in 
this  chapter,  means  a  judge,  clerk  'or  sheriff’,  or  person  acting  as 
sheriff’  at  an  election,  also  a  member  of  the  board  for  canvassing  ®  ®  Va’  ‘ 
the  returns. 

Article  II. 

Precincts. 

§  1443.  Election  precincts — number  of  voters  in — redivision — change  of  voting  place. 

The  county  court  of  each  county  in  this  State  shall,  on  or  before  the 
August  term  of  said  courts,  divide  the  justices’  districts  of  each  of  said 
counties  into  election  precincts,  and  establish  the  name  or  number  and 
boundaries  of  same,  and  place  of  voting  in  each  precinct.  There  shall  be 
but  one  voting  place  in  a  precinct.  Each  precinct  shall  contain,  as  nearly 
as  practicable,  three  hundred  voters,  based  on  the  number  of  votes  cast  at 
the  last  election  for  Presidential  electors ;  but  no  precinct  shall  contain 
more  than  three  hundred  and  fifty  voters.  If  at  any  election 
hereafter  more  than  three  hundred  and  fifty  votes  shall  be  cast  ® 
at  any  voting  place,  it  shall  be  the  duty  of  the  sheriff*  of  the 
election  in  such  precinct  to  report  the  same^to  the  county  court,  which 
shall,  at  its  next  regular  term  divide  such  precinct  as  equally  as  possible, 
so  that  the  new  precincts  formed  thereof  shall  each  contain  three  hundred 
voters,  as  nearly  as  practicable.  If,  for  any  good  cause,  an  election  can 
not  be  held  at  the  house  appointed  as  the  place  of  voting,  the  judges  of 
the  election  .may,  on  the  morning  of  the  election,  adjourn  it  to  the  most 
convenient  place,  after  having  publicly  proclaimed  the  change  and  posted 
notice  of  the  same  on  said  house. 

§  1444.  Power  of.  county  court  to  change  boundaries  or  divide  precincts.  The 

county  court  of  any  county  may  change  the  boundaries  of  any  precinct 

(2)  Persons  disfranchised  by  crime.  Under  Ky.,  597;  Cowan  v.  Prowse,  14  Law  Rep., 
Constitution  of  1849,  persons  convicted  of  273;  but  under  present  Constitution  persons 
bribery,  perjury,  forgery,  pr  other  crimes  or  convicted  of  any  felony  are  excluded, 
high  misdemeanor.s,  were  excluded  from  the  §  1444.  Changing  precinct  lines.  The  court 
right  of  suffrage.  Anderson  v.  Winfree,  85  may  change  the  boundary  of  voting  pre- 


560 


ELECTIONS. 


[Ch.  41. 


within  such  county,  or  divide  any  precinct  into  two  or  more  precincts,  or 
consolidate  two  or  more  precincts  into  one,  or  change  any  place  of  holding 
elections  whenever  public  convenience  or  the  public  good  may  require  it: 
Provided,  That  no  such  change,  division  or  consolidation  shall  be  made 
after  the  June  term  of  each  court  next  preceding  an  election: 

Sc 33, a 2, 8  3  Aud  'providcd  further,  That  no  such  change,  division  or  consoli¬ 
dation  shall  be  valid  without  giving  due  notice,  at  least  one 
month  before  any  election,  by  one  publication  in  the  newspaper  pub¬ 
lished  in  said  county  having  the  largest  circulation  therein  or  by  posters 
put  up  in  four  of  the  most  public  places  in  said  precinct And  provided 
further,  That  no  precinct  shall  be  enlarged  so  as  to  contain  more  than 
three  hundred  and  fifty  voters. 

§  1445.  Towns  or  cities  with  corporate  limits  in  several  counties — ballots — mode  of 
conducting  and  certifying  election.  In  any  town  or  city  of  the  fifth  or  sixth 
class,  where  corporate  limits  include  parts  of  two  or  more  counties,  the 
clerk  of  the  county  court  of  each  of  such  counties,  in  addition  to  the 
ballots  prepared  for  the  State,  county,  district  or  precinct  elections,  shall 
prepare  a  ballot-book  of  similar  form  and  requisites,  for  the  use  of  voters 
who  reside  in  that  part  of  such  town  or  city  that  lies  in  his  county,  at 
every  election  at  which  municipal  officers  for  such  town  or  city  are 
required  to  be  chosen,  or  at  which  any  question  is  to  be  submitted  to  the 
voters  of  such  town  or  city.  Only  the  names  of  such  persons  as  are  can¬ 
didates  for  municipal  offices  in  such  town  or  city,  or  questions  submitted 
to  the  voters  of  such  town  or  city,  shall  be  placed  or  printed  on  said  bal¬ 
lots,  and  then  only  in  conformity  with,  and  in  pursuance  of,  the  regula¬ 
tions  of  this  chapter,  or  other  laws  relating  to  the  preparation  of  ballots 
and  applicable  to  the  election  at  which  they  are  to  be  used.  The  officers 
of  the  election  of  the  county  precinct  embracing  a  part  of  the 
ActMchiB,94  territory  within  the  corporate  limits  of  such  town  or  city,  in 
addition  to  the  ballots  for  State,  county,  district  or  precinct, 
shall  furnish  to  each  voter  residing  in  such  town  or  city,  and  entitled  to 
vote  at  the  precinct  for  municipal  officers,  or  upon  a  municipal  question 
submitted  to  the  voters  of  such  town  or  city,  a  ballot  prepared  as  herein 
provided  for  such  municipal  election,  which  ballot  the  voter  will  mark 
and  fold  in  the  same  manner  and  at  the  same  time,  and  deliver  to  the 
proper  officer  of  the  election  in  the  same  manner  and  at  the  same  time  as 
is  required  in  respect  to  the  State,  county,  district  or  precinct  ballots,  and 
the  same  shall  be  deposited  by  the  officer  in  the  ballot-box  with  the  other 
ballots.  The  officers  of  the  election  shall  count  and  dispose  of  such  munic¬ 
ipal  ballots  at  the  same  time,  and  shall  certify  and  return  the  result  thereof 
in  the  same  manner  as  of  the  other  ballots.  It  shall  be  the  duty  of  the 
canvassing  board  of  elections  of  the  respective  counties  embracing  parts 
of  such  town  or  city,  to  make  duplicate  written  certificates  over  their  sig- 

cincts,  but  can  not  change  the  voting  place  of  the  precincts.  Cowan  v.  Prowse,  14  Law 
of  a  citizen  from  one  precinct  to  another  Rep.,  373. 
without  making  any  change  in  the  boundary 


Ch.  41.] 


ELECTIONS. 


561 


natures  of  the  number  of  votes  given  in  the  county  for  municipal  officers, 
or  upon  questions  submitted  to  the  voters  of  such  town  or  city,  one  copy 
to  be  retained  in  the  clerk’s  office  of  such  county,  and  the  other  to  be  sent 
immediately  by  mail  by  said  canvassing  board  to  the  canvassing  board  of 
the  county,  embracing  a  part  of  such  town  or  city  having  the  largest 
population,  which  last  named  board  shall,  between  the  hours  of  ten  and 
twelve  o’clock  in  the  morning  of  tfie  first  Tuesday  after  ‘the  election,  meet 
in  the  clerk’s  office  of  their  county,  compare  the  certificates  of  the  canvass¬ 
ing  boards  of  the  several  counties,  and  therefrom  give  triplicate  certificates 
of  election,  in  writing,  over  their  signatures,  of  the  persons  who  appear 
to  have  received  the  highest  number  of  votes  for  offices  of  such  town  or 
city,  one  copy  of  the  certificate  to  be  retained  in  the  clerk’s  office,  another 
delivered  to  the  clerk  of  the  board  of  council  of  such  town  or  city,  and 
the  other  forwarded  to  the  Secretary  of  State.  The  certificate  of  the 
votes  on  any  question  submitted  to  the  voters  of  such  town  or  city  shall 
be  delivered  as  provided  by  the  law  or  ordinance  under  which  the  vote 
was  taken.  Such  town  or  city  shall  pay  the  expenses  of  preparing  the 
ballots  for  such  municipal  election. 


Article  III. 

Elections,  How  Conducted. 

§  1446.  Secret  ballot,  except  in  school  elections.  In  all  elections  hereafter  held 
in  this  State  on  any  subject  which  may  by  law  be  submitted  to  a  vote  of 
the  people,  and  for  all  or  any  State,  district,  county  or  municipal 
officers,  except  school  trustees  and  other  common  school  district  con  b  147 
elections,  the  voting  shall  be  by  secret  official  ballots,  printed 
and  distributed  as  hereinafter  provided,  and  no  other  ballots  shall  be  used. 

§  1447.  Officers  of  election — appointment  and  qualification.  Each  county  court 
shall,  annually,  at  the  August  term  thereof,  appoint  in  each  election  pre¬ 
cinct  two  judges,  one  clerk  and  one  sheriff  of  the  election,  to  act  as  such 
in  their  precinct,  all  of  whom  shall  be  discreet  qualified  voters  of  the  pre¬ 
cinct  for  which  they  are  appointed,  and  shall  hold  their  offices  until  their 
successors  are  appointed  and  qualified;  and  so  long  as  there  are  two  dis¬ 
tinct  political  parties  in  this  Commonwealth,  the  judges,  clerk 
and  sheriff,  in  all  elections  by  the  people,  under  the  Constitution  »3, 

and  laws  of  the  United  States,  and  under  the  Constitution  and 
laws  of  this  State,  shall  be  so  selected  and  appointed  as  that  one  of  the 
judges  at  each  place  of  voting  shall  be  of  one  political  party,  and  the 
other  judge  of  the  other  or  opposing  political  party;  and  the  like  differ¬ 
ence  shall  exist  at  each  place  of  voting  between  the  sheriff  and  clerk  of 
elections:  Provided,  That  there  be  a  sufficient  number  of  persons  of  each 
political  party  resident  in  the  several  precincts  to  fill  said  offices. 

§  1448.  Officers  of  election — qualification — removal  by  county  court.  Ho  person 

§  1447..  Usurping  the  office  of  j'udge  of  an  election  is  an  indictable  offense.  Wayman  v. 
Com.,  14  Bush,  466. 


562 


ELECTIONS. 


[Ch.  41. 


shall  be  eligible  as  an  officer  of  election  who  has  not  been  a  resident  house¬ 
holder  in  the  precinct  for  which  he  is  appointed  for  at  least  one  year  next 
preceding  his  appointment,  or  who  has  any  thing  of  value  bet  or  wagered 
on  the  result  of  such  election,  or  who  is  a  candidate  to  be  voted  for  at 
such  election,  or  who  is  not  capable  of  reading  the  Constitution  of  the  State 
of  Kentucky  in  English,  and  of  writing  a  plain  and  legible  hand.  It  shall 
be  the  duty  of  the  county  judge  to  test  all  said  officers  as  to  their  qual¬ 
ifications  before  appointment.  If,  at  any  time  before  an  election,  it  shall 
be  made  to  appear  to  the  county  court,  by  the  affidavit  of  two  or  more 
qualified  voters  of  the  precinct,  or  other  evidence,  that  either  of  the  elec¬ 
tion  officers  is  disqualified  Under  the  provisions  of  this  section,  said  court 
shall  at  once  remove  such  officer  and  fill  the  place  with  a  qualified  person, 
of  the  same  political  party  as  the  officer  removed. 

§  1449.  Notice  to  election  officers  of  appointment.  The  county  judge  shall 
give  due  notice  of  said  appointments  to  the  sheriff  of  each 
GSC33, a2,  county,  who  shall,  at  least  ten  days  before  the  next  ensuing 
election,  give  each  judge,  sheriff  and  clerk  written  notice  of 
his  appointment. 

§  1450.  Failure  to  appoint  or  non=attendance  of  officers — election  by  voters — oaths. 

Should  the  court  fail  to  appoint  such  officers  of  election,  or  either  of  said 
officers  fail  to  attend  for  thirty  minutes  after  the  time  for  commencing  the 
holding  of  the  election,  or  refuse  to  act,  the  officers  in  attendance  shall 
appoint  a  suitable  person  or  persons  to  act  in  his  or  their  stead  for  that 
election.  If  none  of  said  officers  shall  appear  as  herein  re- 
G  8  c|3^a2.  the  qualified  voters  present  shall  elect  the  officers  of  elec¬ 

tion  viva  voce,  as  nearly  as  possible  in  conformity  with  the 
provisions  of  this  article,  who  shall  serve  as  such  during  that  election. 
Each  officer  of  election  shall,  before  entering  on  the  duties  of  his  office, 
take  an  oath  to  faithfully  discharge  his  duties  as  such  officer  before  some 
justice  of  the  peace,  or  other  person  authorized  to  administer  an  oath,  or 
if  no  such  officer  be  present,  it  may  be  administered  by  the  clerk  of  the 
election,  who,  in  turn,  shall  be  sworn  by  one  of  the  judges  of  the  election. 

§  1451.  Vacancy  in  office  of  sheriff  or  disability — who  to  act.  If  the  office  of 
sheriff  is  vacant,  or  if  the  sheriff,  or  his  deputy,  is  a  candidate  at  any 
election,  all  his  duties  pertaining  to  that  election  shall  be  per- 
G  s  c^33,  a  2,  formed  by  the  coroner  and  such  deputies  as  he  may  appoint  for 
that  purpose.  If  the  coroner  is  absent,  or  his  office  vacant,  or 
he  is  a  candidate,  then  such  duties  of  the  sheriff  shall  be  performed  by 
some  person  appointed  for  that  purpose  by  the  presiding  judge  of  the 
county  court,  and  the  deputies  of  such  person. 

§  1452.  Ballots,  printing  and  delivery — how  paid  for.  The  printing  and  de¬ 
livery  of  the  ballots  and  cards  of  instruction  to  voters  hereinafter  de¬ 
scribed  shall,  in  municipal  elections,  be  paid  for  by  the  several  cities 

§  1450.  Where  officers  fail  to  attend  the  Trustee  School  District  v.  Garvey,  80  Ky., 
voters  present  may  select  officers  to  preside.  159. 


Ch.  41.] 


ELECTIONS. 


563 


respectively ;  and  in  all  other  elections  the  printing  of  the  ballots  and 
cards  of  instructions  for  the  voters  in  each  county,  and  the  delivery  of 
them  to  the  several  voting  precincts,  shall  be  paid  for  by  the  several  coun¬ 
ties  respectively. 

§  1458.  Ballots — how  names  of  candidates  placed  on — device  indicating  party — 
powers  and  duties  of  county  clerk.  The  county  clerk  of  each  county  shall 
cause  to  be  printed  on  the  respective  ballots  the  names  of  the  candidates 
nominated  by  the  convention  or  primary  elections  of  any  party  that  cast 
two  per  cent,  of  the  total  vote  of  the  State  at  the  last  preceding  general 
election,  as  certified  to  said  clerk  by  the  presiding  officer  and  secretary  of 
such  convention,  or  in  case  of  primary  election,  by  the  chairman  and 
secretary  of  any  county  or  district  committee ;  and  also  the  names  of 
any  candidates  for  any  office  when  petitioned  so  to  do  by  electors  quali¬ 
fied  to  vote  for  such  candidates,  as  follows  :  For  a  State  officer,  or  any 
officer  for  whom  all  the  electors  of  the  State  are  entitled  to  vote,  one 
thousand  petitioners;  for  a  Representative  in  Congress  from  any  Congres¬ 
sional  District,  four  hundred  petitioners ;  for  a  county  officer,  member  of 
the  General  Assembly,  circuit  judge  or  Commonwealth’s  attorney,  one 
hundred  petitioners ;  for  an  officer  of  a  precinct,  ward  or  other  division . 
less  than  a  county,  twenty  petitioners.  The  signatures  to  such  petition 
need  not  be  appended  to  one  paper,  but  no  petitioner  shall  be  counted 
except  his  residence  and  post-office  address  be  designated.  Such  petition 
shall  state  the  name  and  residence  of  each  of  such  candidates ;  that  he 
is  legally  qualified  to  hold  such  office ;  that  the  subscribers  desire  and  are 
legally  qualified  to  vote  for  such  candidate,  and  shall  designate  a  brief 
•name  or  title  of  the  party  or  principle  which  said  candidates  represent, 
together  with  any  simple  figure  or  device  by  which  they  shall  be  desig¬ 
nated  on  the  ballots.  The  certificate  of  nomination  by  a  convention  or 
primary  election  shall  be  in  writing,  and  shall  contain  the  name  of  each 
person  nominated,  his  residence,  and  the  office  for  which  he  is  nominated, 
and  shall  designate  a  title  for  the  party  or  principle  which  such  con¬ 
vention  or  primary  election  represents,  together  with  any  simple  figure 
or  device  by  which  its  list  of  candidates  may  be  designated  on  the  bal¬ 
lots  ;  said  certificate  shall  be  signed  by  the  presiding  officer  and  secre¬ 
tary  of  such  convention,  or  by  the  chairman  and  secretary  of  the  county, 
city  or  district  committee,  who  shall  add  to  their  signatures  their  respec¬ 
tive  places  of  residence,  and  acknowledge  the  same  before  an  officer  duly 
authorized  to  administer  oaths.  If  the  certificate  of  nomination  of  any 
State  convention  shall  request  that  the  figure  or  device  selected  by  such 
convention  be  used  to  designate  the  candidates  of  such  party  on  the 
ballots  for  all  elections  throughout  the  State,  such  figure  or  device  shall 
be  so  used  until  changed  by  request  of  a  subsequent  State  convention  of 
the  same  party.  Such  device  may  be  any  appropriate  symbol,  but  the 
coat-of-arms  or  seal  of  the  State  or  of  the  United  States,  the  national 
flag,  or  any  other  emblem  common  to  the  people  at  large,  shall  not  be 
used  as  such  device.  A  certificate  of  such  acknowledgment  shall  be 


564 


ELECTIONS. 


[Ch.  41. 


appended  to  such  instrument.  In  case  of  death,  resignation  or  removal 
of  any  candidate  subsequent  to  nomination,  unless  a  supplemental  certifi¬ 
cate  or  petition  of  nomination  be  filed,  the  chairman  of  the  State, 
county,  city  or  district  committee  shall  fill  such  vacancy.  In  case  of  a 
division  in  any  party,  and  claim  by  two  or  more  factions  to  the  same 
party  name,  or  title,  or  figure,  or  device,  the  clerk  of  the  county  court 
shall  give  the  preference  of  name  to  the  convention  held  at  the  time  and 
place  designated  in  the  call  of  the  regularly  constituted  party  authorities ; 
and  if  the  other  faction  shall  present  no  other  party  name,  title  or  device, 
such  clerk  shall  select  a  name  or  title,  and  place  the  same  before  the  list 
of  candidates  of  said  faction  on  the  ballot,  and  select  some  suitable  device 
to  designate  its  candidates..  If  two  or  more  conventions  be  dialled  by 
authorities  claimed  to  be  the  rightful  authorities  of  any  party,  said  clerk 
shall  select  some  suitable  devices  to  distinguish  one  faction  from  the 
other,  and  print  the  ballots  accordingly :  Provided^  however.  That  if  any 
political  party  entitled  to  nominate  by  convention  shall  in  any  case  fail  to 
do  so,  the  names  of  all  nominees  by  petition  for  any  office,  who  shall 
be  designated  in  their  petitions  as  members  of  and  candidates  of  such 
party,  shall  be  printed  under  the  device  and  title  of  such  party  on  the 
ballots,  as  if  nominated  by  convention.  Certificates  and  petitions  of 
nomination  of  candidates  for  offices  to  be  voted  for  by  by  the  electors  of 
the  entire  State  shall  be  filed  with  the  Secretary  of  State.  Certificates 
and  petitions  of  nomination  of  candidates  for  offices  to  be  voted  for  by 
electors  of  any  district  or  division  of  the  State  exclusively,  shall  be  filed 
with  the  clerks  of  the  county  courts  of  the  counties  or  county  included 
in  or  including  such  district  or  division. 

§  1454.  Certificate  and  petition  of  nomination — candidate's  name  placed  on  ballot. 
If  any  certificate  or  petition  of  nomination  shall  contain  the  name  of 
more  than  one  candidate  for  any  office  to  be  filled,  neither  name  shall  be 
printed  as  a  candidate  for  such  office.  If  any  person  shall  join  in  nomi¬ 
nating,  by  petition,  more  than  one  nominee  for  any  office  to  be  filled,  such 
person  shall  not  be  counted  as  a  petitioner  for  either  nomination.  If  any 
person  has  been  nominated  as  a  candidate  for  any  office  by  convention, 
and  also  as  a  candidate  for  the  same  office  by  petition,  his  name  shall  be 
placed  on  the  ballot  but  once,  to-wit :  In  the  list  of  candidates  nominated 
by  such  convention ;  and  the  place  occupied  by  his  name  in  such  petition 
shall  be  left  blank:  Provided,  That  if  such  candidate  shall,  in  writing, 
prior  to  the  last  day  for  filing  nominations,  request  that  his  name  be 
printed  as  nominated  by  petition,  it  shall  be  so  printed,  and  shall  be 
omitted  from  the  list  nominated  by  the  convention. 

§  1455.  Certificates  and  petitions  preserved.  The  Secretary  of  State  and 
county  clerks  shall  cause  to  be  preserved  in  their  respective  offices  all 
certificates  and  petitions  of  nomination  filed  therein  under  the  provisions 
of  this  act  for  six  months  after  the  election  for  which  such  nominations 

were  made. 

✓ 

§  1456.  Certificates  and  petitions  to  be  filed  before  election.  Certificates  and 


Ch.  41.] 


ELECTIONS. 


petitions  of  nomination  filed  with  the  Secretary  of  State  shall  be  filed 
not  more  than  sixty  days,  and  not  less  than  thirty  days,  before  the  day 
fixed  by  law  for  the  election  of  the  persons  in  nomination.  Certificates 
and  petitions  of  nomination  herein  directed  to  be  filed  with  the  clerk  of  a 
county  shall  be  filed  not  more  than  sixty  and  not  less  than  fifteen  days 
before  election. 

§  1457.  Secretary  of  State  to  certify  to  county  clerks’  names  of  candidates.  Xot  less 
than  twenty  days  before  an  election  of  the  State  to  fill  any  public  office, 
for  which  all  the  electors  are  entitled  to  vote,  the  Secretary  of  State  shall 
certify  to  the  county  clerk  of  each  county  the  name  and  place  of  residence 
of  each  person  nominated  for  such  office,  as  specified  in  the  certificates 
and  petitions  of  nomination  filed  with  him,  and  shall  designate  therein 
the  device  under  which  the  group,  or  list  of  candidates,  of  each  party 
will  be  printed,  and  the  order  in  which  they  will  be  arranged. 

§  1458.  Names  certified — when  not  to  be  printed  on  ballots.  The  Secretary  of 
State  shall  not  certify  the  name  of  a  candidate  whose  certificate  of  nomi¬ 
nation  shall  have  been  filed  in  his  office  who  shall  have  notified  him  in 
writing,  signed  and  executed  with  the  formalities  prescribed  for  the  exe¬ 
cution  of  an  instrument  to  entitle  it  to  record,  that  he  will  not  accept  the 
nomination  contained  in  the  certificate  or  petition  of  nomination.  The 
county  clerk  shall  not  cause  to  be  published  on  the  regular  ballots, 
according  to  section  one  thousand  four  hundred  and  sixty  hereof,  the 
name  of  any  candidate  whose  certificate  or  petition  of  nomination  shall 
have  been  filed  in  his  office  who  shall  have  notified  him  in  like  manner 
that  he  will  not  accept  the  nomination.  The  names  of  such  candidates 
shall  not  be  included  in  the  names  of  the  candidates  to  be  printed  in  the 
ballots  as  hereinafter  provided. 

§  1459.  Public  measures — how  voted  for.  Whenever  a  constitutional  amend¬ 
ment  or  other  public  measure  is  proposed  to  be  voted  upon  by  the  people, 
the  substance  of  such  amendment  or  other  public  measure  shall  be  clearly 
indicated  upon  the  ballot,  and  two  spaces  shall  be  left  upon  the  right  of 
the  same,  one  for  votes  favoring  the  amendment,  or  public  measure,  to 
be  designated  by  the  word  “Yes,”  and  one  for  votes  opposing  the  amend¬ 
ment  or  measure,  to  be  designated  by  the  word  “Xo.”  The  elector  shall 
designate  his  vote  by  a  cross-mark  thus  (X),  placed  opposite  the  word 
“Yes,”  or  the  word  “Xo.” 

§  1460.  Ballots — form  and  requisites  of.  The  county  clerks  of  the  several 
counties  shall  cause  the  names  of  all  candidates  of  their  respective  juris¬ 
dictions,  where  nominations  for  any  office  specified  in  the  ballot  have  been 
duly  made  and  not  withdrawn  in  accordance  herewith,  to  be  printed  on 
one  ballot,  all  nominations  of  any  party  or  group  of  petitioners  as  desig¬ 
nated  by  them  in  their  certificate  or  petition,  or  if  none  be  designated, 
under  some  suitable  title  and  device.  If  the  same  device  for  desig¬ 
nating  candidates  be  selected  by  two  parties  or  groups  of  petitioners, 
it  shall  be  given  to  the  one  which  first  selected  it,  and  the  clerk  shall 
select  a  suitable  device  for  the  other.  The  arrangement  of  the  ballot 


.566 


ELECTIONS. 


[Ch.  41. 


shall,  in  general,  conform  as  nearly  as  is  practicable  to  the  plan  herein¬ 
after  given,  and  the  devices  named  and  lists  of  candidates  of  the  various 
parties  shall  be  printed  in  parallel  columns,  in  such  order  as  the  Sec¬ 
retary  of  State  may  direct,  precedence,  however,  being  given  to  the  party 
which  polled  the  higher  number  of  votes  for  the  head  of  the  ticket  in  the 
last  preceding  election.  The  device  of  each  party  shall  be  inclosed  in  a 
square  of  not  less  than  one  inch  on  each  side,  and  shall  be  placed  at  the 
head  of  the  list  of  candidates  of  the  party.  Immediately  under  it  shall  be 
placed  the  name  or  title  of  the  party  ticket;  and  immediately  under  the 
name  or  title,  the  list  of  candidates  of  the  party,  the  name  of  each  candi¬ 
date  having  immediately  on  its  right  a  small  square,  large  enough  to  con¬ 
tain  the  cross-mark  by  which  the  voter  is  required  to  designate  his  vote. 
Underneath  the  name  of  each  candidate  shall  be  left  a  blank  space  large 
enough  to  contain  a  written  name,  and  the  general  arrangement  of  the 
ballot  shall  conform  as  nearly  as  possible  to  the  following : 


DEVICE. 

Democratic  Ticket. 
For  Governor, 


DEVICE. 

Republican  Ticket. 
For  Governor, 


DEVICE. 

Prohibition  Ticket. 
For  Governor, 


S-t 

<x> 

X> 

S 

a  ^ 

o  fl 

o  O) 
CO  c  .2 

§  §  S 


J.  Young  Brown.  [  X 

. □ 

For  Lieut. -Governor, 

M.  C.  Alford  .  .  I  I 

. □ 


A.  T.  Wood  .  .  . 


□ 

□ 


For  Lieut. -Governor, 
H.  H.  Houston  .  |  | 


□ 


H.  M.  Winslow  . 


□ 

□ 


For  Lieut. -Governor, 
E.  J.  Polk  .  .  .  I  I 


□ 


(And  continuing  in  like  manner  as  to  all  candidates  to  be  voted  for  at 
such  election.) 

On  the  back  shall  be  printed  ‘‘official  ballot,”  the  date  of  the  election, 
and  fac  simile  of  the  signature  of  the  clerk  who  has  caused  the  ballot  to 
be  printed.  ® 

§  1461.  Ballots  to  be  printed  and  bound  in  book — stubs — duties  of  clerk.  They 
shall  be  printed  on  the  same  leaf  with  a  double  stub,  and  separated  there¬ 
from  by  a  perforated  line,  and  shall  be  bound,  with  stubs  attached  thereto, 
into  books,  one  for  each  voting  precinct,  which  book  shall  contain  at  least 
fifty  per  cent,  more  ballots  than  the  votes  cast  at  such  precinct  at  the 
preceding  .election ;  except  in  precincts  where  registration  is  required,  the 
books  shall  contain  as  many  ballots  as  there  are  registered  voters  therein, 
with  a  reasonable  number  added  to  supply  ballots  that  may  be  spoiled. 
Upon  the  covers  of  such  books  shall  be  printed  the  designation  of  the 
precinct  for  which  the  ballots  have  been  prepared,  and  on  the  inside 


Ch.  41.] 


ELECTIONS. 


567 


of  one  of  the  covers  of  the  book  shall  be  printed  the  form  hereinafter 
given  for  the  election  return.  The  main  stub  shall  be  printed  as  follows: 
Consecutive  numbers, - (after  these  words  the  consecutive  num¬ 

bers  shall  be  printed,  beginning  with  one  and  increasing  in  regular 

numerical  order) ;  name  of  voter, -  (after  these  words  the  clerk 

shall  set  down  the  voter’s  name).  In  all  precincts  where  registration 
is  required,  in  addition  to  the  foregoing,  there  shall  be  printed  on  the 

main  stub  as  follows :  Residence,  -  (after  this  word  the  clerk  is 

to  set  down  the  voter’s  residence  or  registered  number). 

§  1462.  Ballots — how  to  be  printed.  All  ballots  shall  be  printed  on  plain 
white  paper,  sufficiently  thick  that  the  printing  can  not  be  distinguished 
from  the  back.  If  upon  any  ticket  there  be  no  candidate  or  candidates 
for  a  designated  office,  a  blank  space  equal  to  the  space  that  would  be 
occupied  by  such  name  or  names,  if  they  were  printed  thereon,  with  the 
blank  spaces  herein  provided  for,  shall  be  left. 

§  1463.  Penalty  for  violations  of  law  by  printer  of  ballots.  If  the  printer  of 
such  ballots,  or  any  person  employed  in  printing  the  same,  shall  give  or 
deliver,  or  knowingly  permit  to  be  taken,  any  of  said  ballots,  by  any  per¬ 
son  other  than  the  county  clerk  for  whom  such  ballots  are  being  printed, 
or  shall  print  or  cause  or  permit  to  be  printed  any  ballot  in  any  other 
form  than  the  one  prescribed  herein,  or  with  any  other  names  thereon,  or 
with  the  names  spelled  or  the  names  and  devices  thereon  arranged  in  any 
other  way  than  that  authorized  and  directed  by  the  said  clerk,  he  shall  be 
guilty  of  felony,  and,  on  conviction  thereof,  shall  be  imprisoned  in  the 
State  penitentiary  not  less  than  three  nor  more  than  ten  years. 

§  1464.  Death,  removal  or  withdrawal  of  candidate — how  other  name  placed  on  ballot — 
pasters.  In  case  of  the  death,  removal  or  resignation  of  any  candidate  after 
the  printing  of  such  ballots,  and  before  such  election,  it  shall  be  lawful  for 
the  chairman  of  the  State,  district  or  county  political  organization  of  which 
such  candidate  was  a  member  to  make  a  nomination  to  fill  such  vacancy, 
and  to  provide  the  election  clerk  of  each  precinct  in  'which  such  candidate 
is  to  be  voted  for  with  a  number  of  pasters  containing  only  the  name  of 
such  candidate,  at  least  equal  to  the  number  of  the  ballots  provided  each 
precinct ;  but  no  pasters  shall  be  given  to,  or  received  by,  any  one  except 
such  clerk,  and  it  shall  be  the  duty  of  said  clerk  to  put  one  of  such 
pasters,  in  a  careful  and  proper  manner,  and  in  the  proper  place,  on  each 
ballot  before  he  shall  sign  his  name  thereon. 

§  1465.  County  clerks  to  supply  ballots,  stubs,  stencils,  and  cards  of  instruction — 
penalty.  It  shall  be  the  duty  of  the  county  clerk  in  each  county  to  cause 
to  be  printed,  bound  and  ready  for  distribution  not  less  than  three  days 
before  an  election,  one  book  of  stubs  and  ballots  for  each  voting  precinct 
in  his  county,  and  within  such  three  days  to  distribute  these  books,*together 
with  all  necessary  black  ink  stencils,  sample  ballots  and  cards  of  instruc¬ 
tion,  as  herein  provided,  among  the  clerks  of  such  precincts.  One  of  said 
ink  stencils  shall  be  safely  placed  in  the  booth,  the  others  preserved  by  the 
clerk  to  be  used  in  case  any  are  lost,  stolen  or  destroyed.  Should  any 


568 


ELECTIONS. 


[Ch.  41. 


person  steal  or  willfully  destroy  either  of  said  stencils  he  shall,  upon  con¬ 
viction,  be  fined  not  more  than  fifty  dollars,  or  confined  in  the  county  jail 
not  more  than  six  months,  or  both. 

§  1466.  Cards  of  instruction — duty  of  county  clerk  and  attorney.  The  county 
clerk  and  county  attorney  of  each  county  shall  cause  to  he  printed  in  large 
type  on  cards,  instructions  for  the  guidance  of  electors  in  preparing  their 
ballots.  They  shall  furnish  eight  of  such  cards  to  each  of  the  election 
clerks  at  the  same  time  they  deliver  to  him  the  ballots  for  Jjis  precinct. 
Each  clerk  shall  cause  to  be  posted  one  of  each  of  said  cards  in  each  place 
or  booth  provided  for  the  preparation  of  ballots,  and  not  less  than  three 
of  each  of  such  cards  and  three  sample  ballots  about  the  polling  place,  and 
not  nearer  thereto  than  fifty  feet,  at  the  opening  of  the  polls  on  the  day  of 
election,  which  sample  ballots  shall  be  printed  on  different  colored  paper 
than  the  genuine  ballots.  Said  cards  shall  contain  full  instructions  to  the 
voters  as  to  what  must  be  done : 

1.  To  obtain  ballots  for  voting. 

2.  To  prepare  the  ballots  for  voting. 

3.  To  obtain  a  new  ballot  in  place  of  one  accidentally  defaced,  muti¬ 
lated  or  spoiled,  and  the  method  of  obtaining  assistance;  also  copies  of 
section  one  thousand  four  hundred  and  eighty -two,  and  sections  one  thou¬ 
sand  five  hundred  and  sixty-six,  one  thousand  five  hundred  and  sixty- 
§even  and  one  thousand  five  hundred  and  sixty-eight. 

§  1467.  Voting  places — booths — duties  of  sheriff.  It  shall  be  the  duty  of  the 
sheriff  in  each  county,  before  each  election,  to  secure  in  each  precinct  of 
the  county  a  suitable  room  in  which  to  hold  the  election,  and  to  have 
placed  therein  sufficient  number  of  booths  or  compartments  in  which 
electors  shall  mark  their  ballots,  screened  from  observation.  The  number 
of  such  booths  shall  not  be  less  than  one  to  every  one  hundred  voters, 
and  one  for  every  fraction  of  one  hundred  voters  exceeding  fifty  who 
voted  at  the  last  preceding  election  in  such  precinct.  Each  booth  shall 
have  three  sides  inclosed,  one  side  in  front  to  open  and  shut  by  a  door, 
swinging  outward,  or  to  be  closed  with  a  curtain;  and  each  booth  shall 
be  about  six  feet  high  and  about  three  feet  square,  and  shall  contain  a 
shelf  at  least  one  foot  wide  at  a  convenient  height  for  writing,  and  the 
door  or  curtain  shall  extend  to  within  two  feet  of  the  floor,  which  shall 
be  closed  while  the  voter  is  preparing  his  ballot,  and  such  booths  shall  be 
well  lighted.  Booths  shall  be  so  arranged  that  all  the  officers  of  election 
can  see  whether  more  than  one  voter  enters  any  of  such  booths  at  one 
time ;  and  the  sheriff  of  election,  in  each  precinct,  shall  have  the  care  and 
custody  of  said  booths,  and  may  direct  in  whose  custody  they  shall  remain 
after  an  election.  'No  person,  other  than  the  election  officers  and  the  chal¬ 
lengers  allowed  by  law,  and  those  admitted  for  the  purpose  of  voting,  as 
hereinafter  provided,  shall  be  permitted  within  said  room  while  the  vote 
is  being  polled,  except  by  authority  of  the  election  officers  to  keep  order 
and  enforce  the  law.  The  expense  of  rooms  and  booths  shall  be  paid  in 
the  same  manner  as  other  election  expenses. 


Ch.  41.] 


ELECTIONS. 


569 


§  1468.  Ballot  boxes — character  of — duties  of  sheriff.  It  shall  be  the  duty  of 
the  sheriff  of  each  county,  or  the  officer  acting  for  him.  when,  for  any 
cause,  the  sheriff  can  not  act,  to  provide  for  each  precinct  or  voting  place 
in  the  county,  and  at  the  expense  of  the  county,  to  be  paid  out  of  the 
county  funds  upon  order  of  the  county  court  and  allowed  by  the  fiscal 
court,  a  strong  and  well-made  ballot  box,  sufficiently  large  to  contain  all 
the  ballots  to  be  cast  at  the  precinct  or  voting  place  to  which  it  is  sent; 
such  box  to  have  on  it  a  lid,  working  on  hinges,  and  provided  with  two 
locks  of  difterent  kinds  and  combination,  so  that  the  key  of  the  one  will 
not  unlock  the  other.  An  aperture,  sufficient  only  for  the  insertion  of  a 
single  ballot,  shall  be  made  in  each  box.  Such  box  shall,  not  less  than 
three  days  before  the  day  for  holding  an  election,  be,  by  the  sherifi'  or 
other  officer  acting  for  him,  delivered  to  the  officers  of  the  election  in  each 
precinct  or  voting  place.  The  officers  of  the  election,  before  the  voting 
begins,  shall  see  that  no  ballots  are  in  the  box,  and  shall  thereupon 
securely  lock  the  box  and  give  one  key  to  each  of  the  judges;  and  the 
box  shall  not  be  again  opened  until  the  polls  are  closed,  and  the  officers 
are  ready  to  immediately  proceed  with  the  counting. 

§  1469.  Hours  of  election.  The  polls  shall  be  opened  at  seven  o’clock  in 
the  forenoon,  and  kept  open  continuously  up  to  and  closed  at 
four  o’clock  in  the  afternoon  of  the  same  day;  and  before  re-  mo! 
ceiving  the  ballots  of  any  elector,  the  officers  of  election  shall 
cause  to  be  proclaimed  that  such  election  is  opened. 

§  1470.  Persons  not  voting  to  keep  from  polls — oath  of  challenger.  Ho  person, 
other  than  the  election  officers,  shall  remain  within  fifty  feet  of  the  polls, 
except  when  voting :  Provided,  That  each  political  party  may  appoint 
one  challenger  for  each  precinct,  who  shall  be  entitled  to  stay  in  the  room 
or  at  the  door  thereof.  Such  challenger  shall  be  appointed  in  writing  by 
the  chairman  of  the  county  or  other  local  committee  of  their  political 
party,  and  shall  produce  written  appointments  on  demand  of  any  of  the 
officers  of  election.  Each  challenger  shall  take  the  following  oath  :  “You 
do  solemnly  swear  (or  affirm)  that  you  will  faithfully  and  impartially  dis¬ 
charge  the  duties  as  official  challenger,  assigned  by  law ;  that  you  will  not 
cause  any  delay  to  persons  offering  to  vote,  further  than  is  necessary  to 
procure  satisfactory  information  of  the  qualification  of  such  person  as  an 
elector,  and  that  you  will  use  no  means  to  infiuence  any  voter,  and  that 
you  will  not  disclose  or  communicate  to  any  person  how  any  elector  has 
voted  at  such  election.” 


§1469.  Hours  of  election.  Votes  received 
after  the  hour  for  closing  the  polls  can  not 
be  counted;  and  where  One  candidate  had 
received  a  majority  of  the  votes  at  the  time 
when  the  polls  should  have  been  closed, 
and  the  officers  of  election  permitted  votes 
to  be  recorded  for  his  opponent  after  that 
hour,  thereby  giving  him  a  majority  in  a 
contest  about  the  office,  the  candidate  who 


had  majority  when  polls  should  have  been 
closed  was  entitled  to  the  office.  Varney  v. 
Justice,  86  Ky.,  596;  but  votes  received  a 
few  minutes  after  polls  should  have  been 
closed  will  not  be  thrown  out,  unless  there 
has  been  a  palpable  disregard  of  the  law  by 
the  officers.  Cowan  v.  Prowse,  14  Law  Rep., 
273;  Anderson  v.  Winfree,  85  Ky.,  597. 


570 


ELECTIONS. 


[Ch.  41. 


§  1471.  Manner  of  voting — duties  of  officers — voting  for  person  not  on  ballot.  Any 

person  desiring  to  vote  and  legally  entitled  to  vote  at  such  election  shall 
give  his  name  and  residence  to  the  clerk  holding  the  ballots,  who  shall  write 
the  same  upon  the  main  stub  of  the  ticket  in  the  blank  places  provided 
therefor.  Such  officer  shall  then  mark  upon  the  secondary  stub  the 
elector’s  registered  number  in  all  precincts  in  which  a  registration  law  is 
in  force,  and  in  all  other  precincts  the  elector’s  full  name,  and  the  stub- 
book  for  this  purpose  shall  take  the  place  of  a  poll-book.  The  clerk  shall 
then  detach  the  ballot,  with  the  secondary  stub  attached,  from  the  main 
stub,  and  write  his  own  name  on  the  back  thereof,  and  hand  it,  thus  in¬ 
dorsed,  to  the  elector.  The  clerk  shall  give  him  one,  and  only  one,  bal¬ 
lot,  and  on  request  of  voter  shall  give  explanation  of  the  manner  of  vot¬ 
ing.  On  receipt  of  his  ballot  the  elector  shall  forthwith,  and  without 
leaving  the  room,  retire  alone  to  one  of  the  voting  booths,  as  provided, 
and  shall  prepare  his  ballot  by  marking  in  the  appropriate  square  a  cross¬ 
mark  (X)  immediately  following  the  name  of  the  candidate  of  his  choice 
for  such  office  to  be  filled,  and  in  case  of  a  question  submitted  to  the  vote 
of  the  people,  by  marking  in  the  appropriate  square  a  cross-mark  (X) 
against  the  answer  which  he  desires  to  give.  Should  any  elector  desire  to 
vote  for  each  and  every  candidate  of  one  party,  he  shall  make  a  cross¬ 
mark  (X)  in  the  large  square  embracing  the  device  and  preceding  the  title 
under  which  the  candidates  of  said  party  are  printed,  and  the  vote  shall 
then  be  counted  for  all  the  candidates  under  that  title :  Provided^  however. 
That  if  a  cross-mark  (X)  be  made  in  the  large  square  including  the 
device  of  such  party,  and  a  cross-mark  be  also  marked  in  the  square  after 
the  name  of  one  or  more  candidates  of  a  different  party  or  parties,  the 
vote  shall  be  counted  for  the  candidate  so  marked,  and  not  for  the  candi¬ 
dates  for  the  same  office  of  the  party  so  marked;  but  the  vote  shall  be 
counted  for  the  other  candidates  under  such  party  name  or  designation. 
If  the  elector  mark  more  names  than  there  are  persons  to  be  elected  to  an 
office,  or  if,  for  any  reason,  it  is  impossible  to  determine  the  voter’s 
choice  for  an  office  to  be  filled,  his  ballot  shall  not  be  counted  for  such 
office.  Xo  ballot  shall  be  rejected  for  any  technical  error  which  does  not 
make  it  impossible  to  determine  the  voter’s  choice.  Xothing  in  this  law 
contained  shall  be  so  construed  as  to  prevent  a  voter  from  voting  for  any 
qualified  person  other  than  those  whose  names  are  printed  on  the  ballots 
for  any  office  to  be  filled,  by  writing  with  black  lead  pencil,  under  the 
designation  of  the  office, the  name  of  such  person  and  placing  to  the  right 
of  such  name  a  (X)  mark.  All  marking  upon  the  ballots  shall  be  made 
with  black  ink  stencil.  There  shall  be  kept  in  each  booth  the  necessary 
stencils  and  pencils,  to  be  securely  fastened  by  a  string  or  cord  of  sufficient 
length  to  enable  voters  to  use  the  same. 

§  1472.  Delivery  of  ballot  by  voter  to  judge — secondary  stub  retained.  Before 
leaving  the  voting  booth  the  elector  shall  fold  his  ballot  without  display¬ 
ing  the  marks  thereon,  except  the  indorsements  and  the  fac  simile  of  the 
signature  of  county  clerk  and  the  signature  of  election  clerk  must  be  dis- 


Ch.  41.] 


ELECTIONS. 


571 


closed.  He  shall  deliver  to  one  of  the  judges  the  ballot,  who  shall  detach 
the  secondary  stub  bearing  the  elector’s  registered  number  or  name,  and 
deposit  the  ballot  in  the  ballot-box.  The  secondary  stubs  shall  be  pre¬ 
served  until  the  polls  are  closed,  and  shall  then  be  destroyed  before  the 
ballot-box  is  opened.  He  shall  mark  and  vote  his  ballot  without  undue 
delay,  and  shall  leave  said  room  as  soon  as  he  has  voted.  No  such  elector 
shall  be  allowed  to  occupy  a  voting  booth  already  occupied  by  another,  or 
to  occupy  a  voting  booth  for  more  than  three  minutes,  in  case  all  such 
booths  are  in  use  and  electors  are  waiting  to  occupy  the  same,  or  to  speak 
to  or  to  converse  with  any  one,  except  as  herein  provided,  while  within 
such  room.  No  elector,  not  an  officer  of  elections,  shall  be  allowed  to 
re-enter  said  room  during  said  electiom  No  more  electors  shall  be  allowed 
to  enter  within  said  room  at  any  one  time  than  there  are  voting  booths 
provided.  It  shall  be  the  duty  of  *the  judges  and  sheriff  of  election  to 
secure  the  observance  of  the  provisions  of  this  section. 

§  1478.  Ballot  not  voted  to  be  returned  —  penalty  for  leaving  room  with  ballot  — 
defaced  ballots.  Every  elector  who  does  not  vote  a  ballot  delivered  to  him 
by  the  clerk  shall,  before  leaving  the  polling  room,  return  such  ballot  to 
such  clerk ;  and  any  voter  who  shall  attempt  to  leave  the  room  with  a 
ballot  in  his  possession  shall  at  once  be  arrested  on  demand  of  either  of 
the  judges,  and  shall  be  fined  therefor  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars.  If  any  elector  spoil  or  deface  a  ballot  by  mis¬ 
take,  so  that  it  can  not  be  used,  he  may  return  it,  and  receive  in  place 
thereof  one  other  ballot;  and  the  fact  shall  be  noted  by  the  clerk  by 
writing  the  word  “spoiled”  on  the  stub  and  spoiled  ballot.  {See  further 
as  to  'penalty^  see.  1566.) 

§  1474.  Ballot  shown  not  to  be  deposited — note  on  stub-book — folding  ballot.  If 

any  elector  shall  show  his  ballot,  or  any  part  thereof,  to  any  other  person, 
after  the  same  shall  have  been  marked,  so  as  to  disclose  any  of  the  candi¬ 
dates  voted  for,  such  ballot  shall  not  be  deposited  in  the  ballot-box.  A 
minute  of  such  occurrence  shall  be  made  on  the  stub-book,  and  such  per¬ 
sons  shall  not  be  allowed  to  vote  thereafter.  If  a  voter  shall  offer  to  vote 
a  ballot  so  folded  as  not  to  disclose  the  indorsements  thereon,  including 
the  signature  of  the  election  clerk,  the  judges  shall  direct  him  to  return 
to  the  booth  and  fold  his  ballot  properly. 

§  1475.  Illiterate,  blind  and  disabled  persons — penalty  for  false  declaration.  Any 
elector  who  declares,  on  oath,  that,  by  reason  of  inability  to  read  the 
English  language,  he  is  unable  to  mark  his  ballot,  may  declare  his  choice 
of  candidates  or  party  ticket  to  the  clerk,  who,  in  the  presence  of  the 
judges,  sheriff  and  challengers,  and  the  elector,  shall,  with  his  pencil, 
mark  a  dot  in  the  appropriate  place  for  the  cross-mark,  to  indicate  the 
choice  of  the  elector.  The  clerk  shall  then  fold  and  deliver  the  ballot  to 
the  elector,  and  instruct  him  to  retire  to  the  booth  and  there  mark  his 
ballot  by  making  a  cross-mark^  either  in  the  squares  showing  dots  or  any 
other  squares  he  may  desire.  In  all  other  respects  he  shall  vote  as  is 
required  of  other  electors.  In  case  any  person  applying  to  vote  is  blind. 


572 


ELECTIONS. 


[Ch.  41. 


and  shall  so  declare,  on  oath,  the  clerk  shall  be  allowed  to  mark  his  ballot 
for  him  in  the  presence  of  the  other  officers  of  election,  and  the  challen¬ 
gers  allowed  by  law ;  or,  in  case  any  person  shall  be  so  physically  disabled 
as  to  be  unable  to  mark  his  ballot,  and  shall  so  declare,  on  oath,  the  clerk 
shall  have  the  right  to  mark  his  ballot  as  in  the  case  of  a  blind 

Con  5 147  person  applying  to  vote.  Any  one  making  a  false  declaration 
under  this  provision  of  this  section  shall,  upon  conviction,  he 
fined!  in  any  sum  not  exceeding  jfifty  dollars,  and  be  disfranchised  for  a 
period  of  two  years;  and  any  clerk  who  shall  willfully  deceive  any  elector 
in  marking  any  ballot,  or  willfully  mark  the  same  in  any  other  way  than 
as  requested  by  said  elector,  shall  be  guilty  of  felony,  and,  upon  convic¬ 
tion,  shall  be  imprisoned  in  the  penitentiary  for  not  less  than  two  nor 
more  than  five  years. 

§  1476.  Officer  shall  not  deposit  ballots — penalty  for  defacing  or  marking.  ^7o 

judge  or  other  officer  of  election  shall  deposit  any  ballot  upon  which  the 
fac  simile  signature  of  the  county  clerk  and  the  name  of  the  election  clerk, 
as  hereinbefore  provided,  do  not  appear,  or  any  ballot  on  which  appears 
externally  any  distinguishing  mark,  defacement  or  mutilation.  If  any 
officer  of  election,  or  other  person  intrusted  with  the  custody  or  control 
of  any  ballot  or  ballots,  either  before  or  after  they  have  been  voted,  shall 
in  anyway  mark,  mutilate  or  deface  any  ballot  or  place  any  distinguishing 
mark  thereon,  either  for  the  purpose  of  identifying  the  same  (except  by 
numbering  protested  ballots  for  future  reference)  or  for  the  purpose  of 
vitiating  the  same,  he  shall  be  guilty  of  a  felony,  and,  on  conviction,  shall 
be  imprisoned  in  the  State  penitentiary  not  more  than  ten  nor  less  than 
five  years,  and  fined  in  any  sum  not  exceeding  two  thousand  dollars. 
(^See  sec,  1573.) 

§  1477.  Challenges — how  qualification  of  voter  determined.  If  a  person  ofiering 
to  vote  is  not  personally  known  to  one  of  the  judges  or  the  sheriff  as  a 
qualified  voter,  he  shall  be  interrogated,  under  oath  administered  by  one 
of  the  judges  or  the  clerk,  as  to  his  qualification.  If,  from  his  statement 
so  made,  he  appears  to  be  qualified,  he  shall  be  admitted  to  vote,  unless 
his  right  is  disputed  by  one  of  the  judges,  the  sheriff,  or  one  of 
oscss.as,  challengers.  If  so  disputed,  the  judges  shall  hear  witnesses, 
not  exceeding  two  in  number  on  each  side,  as  to  his  qualifica¬ 
tions,  and  decide  as  may  appear  right  from  the  proof  and  the  statements 
of  the  party.  The  word  “  sworn  ’’  shall  be  written  on  the  stub-book 
under  the  name  of  every  one  so  voting,  which  entry  shall  be  prima  facie 
evidence  of  such  swjBaring  in  any  prosecution  under  this  law.  Any  voter 
of  the  precinct  may  send  a  written  notification,  over  his  own  signature,  of 

§  1477.  Liability  of  judge  for  refusing  vote,  rupt  motives.  An  honest  mistake  as  to  the 
An  action  may  be  maintained  against  a  voter’s  right  of  suffrage  will  not  render  him 
judge  of  election  for  refusing  to  permit  a  liable  for  refusing  his  vote.  Caulfield  v. 
qualified  voter  to  vote,  but  to  sustain  action  Bullock,  18  B.  M.,  494;  Morgan  v.  Dudley, 
it  is  necessary  that  the  judge  should  have  18  B.  M.,  693  ;  Chrisman  v.  Bruce,  1  Duv., 
knowingly  acted  wrongfully,  and  that  his  63;  Miller  v.  Rucker,  1  Bush,  135. 
action  should  have  been  prompted  by  cor- 


Cb.  41.] 


ELECTIONS. 


57S 


challenge  to  the  right  of  any  person  or  persons  to  vote,  setting  forth  the 
reasons  thereof  to  the  judges  of  election,  and  such  person  or  persons  may 
be  challenged  as  herein  provided. 

§  1478.  Residence  of  voter — rules  for  determining.  The  following  rules  shall 
be  observed  in  determining  the  residence  of  a  person  ofiering  ,,8^33  ^3 
to  vote,  so  far  as  may  be  applicable :  is' 

1.  That  shall  be  deemed  his  residence  where  his  habitation  is,  and  to 
which,  when  absent,  he  has  the  intention  of  returning. 

2.  He  shall  not  lose  his  residence  by  absence  for  temporary  purposes 
merely;  nor  shall  he  obtain  a  residence  by  being  in  a  county  or  precinct 
for  such  temporary  purposes,  without  the  intention  of  making  the  county 
or  precinct  his  home. 

3.  By  removal  to  another  State  or  county,  with  intention  to  make  his 
permanent  residence  there,  he  loses  his  former  residence. 

4.  So,  also,  he  loses  his  residence  here  by  removal  to  and  residence  in 
another  State,  with  intention  to  reside  there  an  indefinite  time,  or  by 
voting  there,  even  though  he  may  have  had  the  intention  to  return  here 
at  some  future  period. 

5.  The  place  where  the  family  of  a  married  man  resides  shall  generally 
be  considered  his  residence,  unless  the  family  so  resides  for  a  temporary 
purpose.  If  his  family  is  permanently  in  one  place,  and  he  transacts  his. 
business  in  another,  the  former  shall  be  his  residence. 

§  1479.  Citizenship — questions  by  judges.  If  a  person  is  objected  to  as  not 
being  a  citizen,  in  addition  to  any  questions  the  judges  may  think  08^.33  ^3 
proper  to  ask,  the  following  shall  be  put  to  him :  “  ® 

1.  Have  you  resided  in  this  State  one  year  and  in  this  county  six  months, 
immediately  preceding  this  election?  And  have  you  resided  in  this  pre¬ 
cinct  sixty  days  next  preceding  this  election  ? 

2.  Have  you  been  absent  from  this  State  within  the  year  immediately 
preceding  this  election  ?  And  if  so,  did  you,  while  absent,  consider  this. 
State  as  your  home,  or  did  you,  while  absent,  vote  in  another  State? 

§  1480.  Residence  in  county  or  precinct.  If  the  person  is  objected  to  as  not 
a  resident  of  the  county  or  precinct  in  which  he  ofifers  to  vote,  (J8c38  as 
then,  in  like  manner,  the  following  questions  shall  be  put  to  him :  " 

1.  When  did  you  last  come  into  county  (or  precinct)  ? 

2.  When  you  came  into  this  county  (or  precinct),  did  you  come  for  a. 
temporary  purpose  merely,  or  for  the  purpose  of  making  it  your  home  ? 

3.  Did  you  come  into  this  county  (or  precinct)  for  the  purpose  of  voting 
in  it  ? 

§  1481.  Representative  of  party  may  be  present  at  count  of  votes.  The  county 
executive  committee  of  each  party  having  a  ticket  to  be  voted  at  an  elec¬ 
tion  may  designate  a  suitable  person  to  be  present  at,  witness  and  inspect 
the  counting  of  the  vote  in  each  precinct,  who  shall  be  admitted  to  said 
voting  place;  but  no  other  person  except  the  election  officers  shall  be  ad¬ 
mitted  to  the  said  polling  place  before  or  after  the  count  begins,  except 
as  provided  by  law. 


574 


ELECTIONS. 


[Ch.  41. 


§  1482.  Counting  votes — duty  of  officers.  When  the  polls  are  closed  [the 
officers  of  election  shall,  in  the  voting  room,  immediately  count  the  votes, 
and  certify  the  same  as  hereinafter  provided;  and  no  adjournment  shall 
be  had  until  the  same  is  completed.  When  the  result  of  the  ballot  is 
ascertained,  it  shall  be  immediately  announced  by  one  of  the  judges  in 
front  of  the  voting  room,  and  thereupon  the  judges  shall,  in  the  presence 
of  the  clerk,  sheriff  and  the  inspectors  provided  for  in  the  preceding  sec¬ 
tion,  destroy  the  ballots  voted,  mutilated  or  spoiled,  and  the  ballots 
remaining  unvoted :  Provided^  That  if  there  are  any  ballots  cast  and 
counted,  or  left  uncounted,  concerning  the  legality  or  regularity  of  which 
there  is  any  doubt  or  difference  of  opinion  in  the  minds  of  the  judges  of 
election,  said  ballots  shall  not  be  destroyed,  but  sealed  up  and  returned  to 
the  clerk  of  the  county  court,  with  the  returns  of  the  election,  for  such 
judicial  or  other  investigation  as  may  be  necessary,  with  a  true  statement 
as  to  whether  they  have  or  have  not  been  counted,  and  if  counted,  what 
part,  and  for  whom. 

§  1483.  Certificate  of  officers  on  stub^book  —  duplicates  —  duty  of  officers.  The 

form  of  the  return  to  be  made  on  the  inside  of  the  cover  of  the  stub-book 

shall  be^ substantially  as  follows:  State  of  Kentucky, - county, 

election  held  on  the - day  of - ,  eighteen - ,  in  -; - 

precinct.  Kumber  of  ballots  counted  as  valid, - ;  number 

Gsc33, a3,  ballots  questioued  or  rejected,  - ;  number  of  ballots 

marked  “spoiled,” - ;  whole  number  of  ballots  cast, - ; 

number  of  votes  received  for  Governor, - by - ;  number  of  votes 

received  for  Lieutenant-Governor,' - by - (and  so  for  other 

State  and  county  offices) ;  number  of  votes  on  question  of - , 

voted  yes - ;  voted  no - .  i 

We,  the  judges,  sheriff  and  clerk  of  election  at  the  precinct  above 
mentioned,  certify  that  the  above  is  a  correct  return  of  the  election  held 
therein  on  the  day  aforesaid. 

_ _ ,  Judge. 

_ ,  Judge; 

_ ,  Clerk. 

_ ,  Sheriff. 

Any  witness  to  the  count  or  inspector,  as  provided  in  section  one  thou¬ 
sand  four  hundred  and  eighty-one,  may  demand  from  the  officers  a  dupli¬ 
cate,  to  be  signed  in  like  manner,  and  each  judge  shall  retain  another 
duplicate,  which  may  be  used  as  proof  in  case  of  loss  or  destruction  of 
the  original;  and  for  this  purpose  each  precinct  clerk  shall  be  furnished 

\ 

§  1483.  (1)  Irregularity  on  part  of  officers.  (2)  Mere  irregularity  on  the  part  of  officers 
It  was  held  that  the  requirement  of  Chap,  of  election,  or  their  omission  to  observe  some 
33,  Art,  3,  Sec.  5,  Gen.  Stat.,  directing  the  directory  provision  of  the  law,  will  not 
clerk  to  sign  his  name  at  the  foot  of  every  vitiate  the  poll.  Anderson  v.  Winfree,  85 
page,  was  merely  directory,  and  that  the  Ky.,  597 ;  Cowan  v.  Prowse,  14  Law  Rep., 
failure  of  the  clerk  to  so  sign  his  name  to  a  273. 
page  did  not  authorize  its  rejection.  Clark 
V.  McKenzie,  7  Bush,  523. 


Oh.  41.] 


ELECTIONS. 


575 


with  a  sufficient  number  of  blank  returns  by  the  county  clerk.  When 
the  foregoing  requirements  have  been  complied  with,  the  judges  shall 
deliver  the  stub-book  containing  the  foregoing  returns,  together  with  the 
undestroyed  ballots,  inclosed  in  an  envelope,  to  the  sheriff  of  election 
before  they  separate. 

§  1484.  Sheriff  to  preserve  order  and  act  as  umpire.  In  addition  to  the  other 
duties  provided  herein,  it  shall  also  be  the  duty  of  the  sheriff  of 
each  precinct  to  preserve  order  at  the  polls,  and  enforce  the 
provisions  of  the  election  law,  under  the  direction  of  the  judges; 
and  when  the  judges  disagree,  the  sheriff  shall  act  as  umpire  between 
them. 

§  1485.  Printing  and  distribution  of  law.  It  shall  be  the  duty  of  the  Secre¬ 
tary  of  State,  with  the  aid  and  advice  of  the  Attorney-General,  to  cause 
twenty-thousand  copies  of  this  chapter  to  be  printed  immediately  in 
pamphlet  form,  with  all  necessary  forms  and  instructions,  to  assist  election 
officers  to  carry  it  into  effect,  and  to  distribute  through  the  county  clerks 
of  the  several  counties  of  the  State. 

Article  IV. 

Registration  in  Certain  Cities  and  Towns, 

§  1486.  Cities  and  towns  of  first,  second,  third  and  fourth  class.  In  all  cities  and 
towns  of  the  first,  second,  third  and  fourth  class  there  shall  be  a  regis¬ 
tration  of  all  the  qualified  voters  of  the  respective  cities  and  towns,  which 
registration  shall  be  held  and  conducted  as  herein  provided. 

§  1487.  Officers  of  registration — terra  and  oath  of  office — non-attendance  or  vacancy 
supplied.  The  officers  of  election  in  the  several  election  precincts  of  the 
respective  cities  and  towns  mentioned  in  the  preceding  section  shall  be 
the  officers  of  registration  in  such  precincts,  and  shall  serve  as  such  for 
one  year  from  the  time  of  their  appointment  as  officers  of  election  ;  and 
each  officer  of  registration,  before  entering  upon  the  discharge  of  his 
duties,  shall  take  an  oath,  before  some  person  duly  authorized  to  admin¬ 
ister  same,  to  faithfully  discharge  the  duties  of  his  office.  Should  the 
county  court  fail  to  appoint  such  officers  of  election  as  provided  in  section 
ohe  thousand  four  hundred  and  forty-seven,  or  should  all  the  officers  ap¬ 
pointed  in  any  precinct  fail  to  attend  at  the  place  of  registration  for  one 
hour  after  the  time  for  commencing  the  registration,  or  refuse  to  act,  then 
the  county  judge,  sheriff  or  county  clerk,  or  either  of  them  that  can  be 
found,  shall  appoint  officers  to  act  in  their  stead  for  that  registration;  but 
should  one  or  two  officers  be  in  attendance,  he  or  they  may  fill  vacancies 
for  the  purpose  of  conducting  that  registration,  and  may  administer  the 
necessary  oaths  of  office. 

§  1488.  Officers  to  preserve  order — challenges  right  to  register.  Officers  of  reg¬ 
istration  shall  have  the  same  power  to  preserve  order  at  the  places  of  reg¬ 
istration  as  is  exercised  by  the  officers  of  elections  at  the  polls.  If  the 
officers  of  registration  entertain  any  doubt  as  to  whether  or  not  any  per- 


576 


ELECTIONS. 


[Ch.  41. 


son  offering  for  registration  is  entitled  to  such  registration,  or  if  any  one’s 
right  to  register  is  challenged,  citizens  may  be  called  in,  not  exceeding 
three  in  number,  who  shall  be  examined  touching  the  qualifications  of 
such  person  or  persons  who  offer  to  register. 

§  1489.  Registration  book — duties  of  county  clerk.  It  shall  be  the  duty  of  the 
county  clerk  of  each  county  containing  any  city  or  town  of  either  of  said 
classes  mentioned  in  section  one  thousand  four  hundred  and  eighty-six 
to  prepare  the  proper  forms,  and  cause  to  be  printed  two  registration 
books  for  each  precinct  in  said  city  or  town.  In  cities  where  additional 
days  are  required  for  registration,  he  shall  prepare  an  additional  registra¬ 
tion  book  for  each  additional  day,  one  of  which  shall  be  kept  in  his  office, 
to  be  used  as  provided  in  section  one  thousand  four  hundred  and  ninety- 
four,  and  the  other  furnished  to  the  clerks  of  registration  and  election 
before  each  registration  or  election  day,  as  hereinafter  provided.  Said 
books  shall  be  so  arranged  as  that  the  names  of  voters  may  be  registered 
alphabetically,  and  shall  be  ruled  and  headed  as  follows : 


Amd  Mcb  15,  94 


Name. 


(D 

W 

Cu 

(t 

s 

o 

a> 


c 

3 

o' 

fD 

*-S 

O 

CD 

O 

5" 

o 


C 

3 

o' 

(t) 

O 

i-tj 


fs 

a 


O 

o' 


o 

< 

o 

3 

o' 

rp 

o 

o' 

o 


w 

V 

ft 

o 

o 


o 

o 


Remarks. 


§  1490.  Time  of  registration — details — additional  days.  The  officers  of  regis¬ 
tration  shall  attend  at  the  voting  places  of  their  respective  precincts  on 
the  first  Tuesday  in  October  in  each  year,  from  the  hours  of  six  in  the 
morning  until  nine  in  the  evening,  and  on  such  other  days  as  the  city 
councils  of  said  cities  may  deem  necessary  and  provide  for  by  ordinance : 
Provided^  however^  That  the  last  day  of  registration  shall  be  fixed  by  said 
ordinance  not  later  than  the  third  Tuesday  in  October,  and  shall  record  in 
the  registration  book,  which  shall  be  furnished  by  the  county  clerk  to 
each  registration  clerk,  a  list  of  such  qualified  voters  of  the  precinct  and 
ward  as  may  apply  for  registration.  Said  list  of  voters  shall  be 
Amd  Mch  15, 94  in  alphabetical  order  [the  number  of  the  precinct  and  the  num¬ 
ber  of  the  ward,  if  the  city  be  warded  off*],  the  name  of  the 
street  or  alley,  and  number  of  house,  lodging  or  tenement  in  which  he 
lives,  and  whether  he  be  white  or  colored ;  and  if  said  house,  lodging  or 
'  tenement  be  not  numbered,  the  location  thereof  shall  be  described  in  the 


§  1490.  (1)  Registration.  Where  a  person 
is  legally  entitled  to  vote  the  fact  that  he 
obtained  by  fraud  a  certificate  of  registra¬ 
tion  will  not  authorize  his  vote  to  be  stricken 
^from  the  polls  in  an  election  contest.  The 
penalty  imposed  for  such  an  act  is  imprison¬ 
ment,  but  not  disfranchisement.  Cowan  v. 


Prowse,  14  Law  Rep.,  273;  and  see  Anderson 
V.  Winfree,  85  Ky.,  597;  Com.  v.  McClelland, 
83  Ky. ,  686. 

(2)  The  fact  that  a  voter  registers  at  the 
wrong  voting  place  in  his  precinct  will  not 
disfranchise  him  if  he  votes  at  the  proper 
place.  14  Law  Rep.,  273. 


I 


Ch.  41.]  ELECTIONS.  577 


registration  book  as  accurately  as  is  practicable,  giving  the  street,  and 
between  what  streets.  No  person  shall  be  registered  who  does  not  per¬ 
sonally  appear  before  the  officers  of  registration ;  and  if  he  be  not  person¬ 
ally  known  to  one  of  the  officers,  or  if  any  bystander  shall  demand  it,  he 
shall  be  sworn  by  one  of  the  officers,  and  interrogated  by  him  or  by  such 
bystander  touching  his  qualifications  as  provided  by  law.  Opposite  the 
name  of  each  person  so  sworn  the  clerk  shall  write  the  word  “  Sworn,’’ 
which  entry  shall  be  jprima  fade  evidence  of  such  swearing  in  any  prosecu¬ 
tion  under  this  law.  Said  registration  in  October  shall  be  known  as  the 
general  registration,  and  any  person  then  registered  may  vote  at  all  elec¬ 
tions  until  the  next  general  registration,  unless  he  becomes  disqualified 
after  registering.  Every  person  shall  be  entitled  to  be  registered  who 
would  be  entitled  to  vote  at  the  next  succeeding  November  election,  as 
now  provided  by  law. 

§  1491.  Additional  registration — expense  of.  Where  any  city  shall  provide  for 
additional  registration  day  or  days,  said  city  shall  pay  all  expense  of  same, 
at  the  same  rate  as  provided  for  herein  by  the  county. 

§  1492.  Alien  may  register — rights  after  registration.  Any  alien  possessing  all 
the  qualifications  of  a  voter  named  in  section  one  thousand  four  hundred 
and  thirty-nine  of  article  one  of  this  chapter,  except  citizenship,  shall  be 
entitled  to  be  registered;  but  the  clerk  shall  write  opposite  to  his  name,  in 
the  column  headed  ‘‘Remarks,”  the  words  “Not  naturalized,”  and  such 
alien  will  not  be  entitled  to  vote  at  any  election  held  under  that  registra¬ 
tion,  unless  he  shall  produce  to  the  officers  of  election  his  naturalization 
papers  in  due  form  of  law. 

§  1493.  Duties  of  respective  officers.  In  making  the  registration,  the  clerk 
shall  act  as  the  recording  officer,  and  the  judges  shall  decide  all  questions 
relating  to  the  qualifications  of  persons  ofifering  to  be  registered,  except 
that,  in  case  of  a  difference  of  opinion  between  the  judges,  the  clerk  shall 
have  the  casting  vote.  It  shall  be  the  duty  of  the  clerk  to  number,  con¬ 
secutively,  the  names  recorded  under  each  letter  of  the  alphabet  as  they 
are  taken  down ;  and  at  the  close  of  the  registration  each  day  he  shall 
sign  his  name  as  clerk  after  the  last  name  recorded  under  each  letter,  as 
aforesaid,  in  suchjmanner  as  that  no  more  names  can  be  recorded  above 
his,  and  shall  foot  up  and  certify,  in  the  back  of  the  registration  book,  the 
whole  number  of  names  recorded  at  that  registration  on  said  day,  and  this 
certificate  shall  be  signed  by  all  the  officers  of  registration  before  leaving 
the  place  of  registration,  and  in  the  presence  of  bystanders,  any  two  of 
whom  may,  if  they  desire,,  sign  their  names  as  witnesses  thereto.  In  addi¬ 
tion  to  the  requirements  above,  the  clerk  shall  sign  his  name,  as  such 
clerk,  at  the  foot  of  each  page. 

§  1494.  Custody  of  registration  books — copies.  On  the  day  following  the  close 
of  each  registration  day  each  clerk  shall  deliver  the  registration  book  into 
the  hands  of  the  clerk  of  the  county  court,  or  one  of  his  deputies,  and 
shall  take  his  receipt  therefore.  It  shall  be  the  duty  of  such  county  clerk 
to  keep  said  books  safely  in  his  office,  and  not  to  sufier  the  same  to  be 
37 


678 


ELECTIONS 


[Ch.  41. 


taken  therefrom  except  as  provided  herein.  When  additional  registration 
days  are  provided  in  any  city,  a  new  registration  book  shall  be  furnished 
by  the  county  clerk  for  each  and  every  day  of  such  registration,  and  on 
return  to  him  he  shall  copy  the  same  in  his  blank  book  as  soon  as  returned, 
marking  distinctly  each  day’s  registration.  He  shall  also  cause  to  be  made 
one  copy  of  each  registration  book  in  the  blank  book  retained  by  him,  as 
provided  in  section  one  thousand  four  hundred  and  eighty-nine  of  this  arti¬ 
cle,  which  shall  be  kept  in  his  office,  and  not  to  be  taken  therefrom  for  any 
-  purpose.  In  case  of  loss  of  any  registration  book  a  copy  shall  be  made 
by  the  county  clerk  from  the  copy  retained  in  his  office,  which  copy  shall 
be  used  in  registrations  and  elections  with  the  same  effect  as  the  original. 
The  clerk  shall  permit  any  citizen  at  any  time  to  copy  any  registration 
book  without  fee  or  charge,  and  he  shall  also  furnish  copies  at  the  same 
rate  as  provided  in  section  one  thousand  five  hundred  and  six  for  copying 
the  book  kept  in  his  office.  Copies  furnished  to  citizens  under  this  sec¬ 
tion  shall  be  paid  for  in  cash  by  the  person  ordering  them. 

§  1495.  Special  registration — election  ordered.  When  an  election  or  vote  is 
ordered  to  be  held  or  taken  in  any  county  containing  any  city  or  town 
belonging  to  either  of  said  classes,  at  any  other  time  than  the  regular 
November  election,  then  the  county  judge,  or  other  officer  so  ordering  said 
election  or  vote,  shall,  at  the  same  time,  fix  a  day  for  the  registration  of 
those  persons  entitled  to  vote  thereat  whose  names  have  not  been  recorded 
on  the  registration  books  of  that  year,  and  shall  require  the  same  to  be 
published  in  like  manner  as  the  time  and  place  of  said  election  or  vote  are 
required  to  be  published.  Registrations  under  this  section  shall  be  known 
as  Special  Registrations,  and  any  person  so  registered  shall  be  entitled  to 
vote  at  all  elections  held  prior  to  the  next  general  registration.  Registra¬ 
tions  prior  to  special  elections  shall  be  held  not  less  than  five  days  prior  to 
,  the  election. 

§  1496.  Special  registration — duty  of  clerk  and  officers.  On  the  day  prior  to 
each  registration  provided  for  in  the  previous  section,  the  county  clerk 
shall  deliver  to  the  registration  clerks  the  registration  books  for  their  sev¬ 
eral  precincts ;  and  on  the  day  of  such  registration,  the  registration  officers 
shall  attend  at  their  several  places  of  registration,  and  shall  register  the 
:  names  of  all  persons  appearing  before  them  who  may  be  entitled  to  vote 

at  the  election  for  which  the  registration  is  held,  and  whose  names  are 
not  already  on  the  registry  for  that  year.  The  names  shall  be  recorded 
immediately  following  the  names  recorded  at  the  previous  registration, 
and  the  registration  shall  be  conducted  and  the  books  returned  as  pro¬ 
vided  in  sections  one  thousand  four  hundred  and  ninety-three  and  one 
thousand  four  hundred  and  ninety-four  of  this  article.  Immediately  after 
the  books  are  so  returned,  the  county  clerk  shall  cause  the  names  recorded 
J  at  that  registration  to  be  copied  into  the  book  retained  in  his  office,  as 
provided  in  section  one  thousand  four  hundred  and  ninety-four  herein. 

§  1497.  Removal  from  precinct — certificate  and  re-registration.  Any  person  re- 
fnoving  from  one  precinct  to  another,  after  having  been  Tegistered  for  that 


Ch.  41.] 


ELECTIONS. 


579 


year,  may  apply  to  the  clerk  of  registration  of  the  precinct  from  which  he 
removes,  on  a  registration  day,  and  have  his  name  canceled  otf  by  writing 
opposite  to  it  the  word  “  Removed,”  and  thereupon  said  clerk  shall  give 
him  a  certificate  in  the  following  form  : 

This  is  to  certify  that - has  removed  from  the - precinct, 

- ward,  to  the - precinct, - ward,  and  that  his  regis¬ 
tration  has  been  canceled. 

(Signed)  - ,  Clerk. 

Upon  presenting  said  certificate  to  the  officers  of  registration  of  the  pre¬ 
cinct  to  which  he  has  removed,  he  shall  be  entitled  to  be  there  registered 
if  he  possesses  the  other  qualifications  named  in  section  one  thousand  four 
hundred  and  ninety  of  this  article;  and  no  person  so  removing,  after  being 
registered,  shall  be  registered  in  another  precinct  without  the  production 
of  such  a  certificate. 

§  1498.  Absence  or  sickness  during  time  for  registration — registration  by  affidavit. 

Any  person  entitled  to  register  who  was  necessarily  absent  from  the  city 
of  his  residence  during  the  days  allowed  for  registration  herein,  or  who 
was  ill  during  said  time,  or  who  was  unable  to  attend  the  place  of  regis¬ 
tration  on  account  of  sickness  of  some  named  member  of  his  familyq  may 
have  his  name  placed  upon  the  registry  for  the  precinct  in  which  he  lives, 
by  attending  the  county  clerk’s  office  at  the  times  specified  in  the  next 
section,  and  making  the  affidavit  before  the  clerk  showing  the  facts  required 
to  be  stated  in  the  registry  by  section  one  thousand  four  hundred  and 
eighty-nine  herein,  and  showing  the  absence  or  sickness  referred  to  above. 

§  1499.  County  clerk  to  register  persons — duties  of  clerk — challenges.  On  Mon¬ 
day,  Tuesday  and  Wednesday  preceding  the  Xovember  election  in  each 
year  such  county  clerk  shall  receive  in  a  bound  book,  to  be  kept  by  him 
for  that  purpose,  the  affidavits  provided  in  the  preceding  section,  and  shall 
place  the  names  of  persons  making  such  affidavits  upon  the  'proper  regis¬ 
tration  book,  and  shall  write  his  name  as  clerk  and  date  of  registry,  after 
the  name  of  the  person  so  registered,  in  the  column  headed  “  Remarks.” 
Any  person  present  in  the  county  clerk’s  office  may  challenge  the  right  of 
any  voter  to  register  under  this  section,  and  thereupon  the  county  clerk 
shall  examine  such  voter  and  any  witness  who  may  be  oflTered,  under  oath, 
and  shall  hear  and  determine  the  question  of  his  right  to  register.  The 
duties  herein  imposed  upon  the  county  clerk  may  be  performed  by  his 
deputy,  and  he  or  his  deputy  may  administer  oaths  under  this  law. 

§  1500.  Penalty  for  false  registration  by  clerk.  Any  county  clerk,  or  deputy 
thereof,  who  falsely  or  fraudulently  registers  the  name  of  any  person, 
knowing  that  such  person  is  not  entitled  to  be  registered,  or  who  registers 
a  name  at  a  time  other  than  that  provided  in  this  article,  shall,  on  indict¬ 
ment,  be  deemed  guilty  of  a  felony,  and  punished  by  confinement  in  the 
penitentiary  not  less  than  one  nor  more  than  five  years. 

§  1501.  County  court  may  strike  name  from  register  —  notice  —  marking  name 
“  doubtful.”  Any  voter  may,  by  giving  five  days’  notice,  in  writing,  to  any 
person  whose  name  has  been  registered,  move  the  county  court  to  strike 


580 


ELECTIONS. 


[Ch.  41. 


his  name  from  the  register,  and  both  parties  may  introduce  witnesses,  not 
exceeding  two  in  number,  on  each  side.  Said  notice  must  be  served 
personally.  If,  at  the  hearing,  the  court  shall  be  of  the  opinion  that 
the  person  registered  is  not  lawfully  entitled  to  register,  it  shall  direct 
the  clerk  to  strike  his  name  from  the  register,  by  inserting  opposite  to  it 
the  words :  Stricken  off  by  order  of  the  county  court.”  If  the  person 
upon  whom  notice  is  attempted  to  be  served  can  not  be  found,  the  clerk 
shall  write  opposite  such  name,Jon  the  registration  book,  the  word  ‘‘  doubt¬ 
ful,”  and  when,  at  an  election,  such  person,  whose  name  is  marked 

doubtful,”  shall  offer  to  vote,  he  shall  be  sworn,  and  his  right  to  vote 
investigated  fully. 

§  1502.  Delivery  of  registration  and  stub  and  ballot^books  to  election  officers.  On 

the  day  previous  to  the  ]N^ovemb@r  election  in  each  year,  and  on  the  jurid¬ 
ical  day  previous  to  every  election  to  be  held,  or  vote  of  the  people  to  be 
taken,  in  any  county  containing  a  city  or  town  belonging  to  either  of  said 
classes  mentioned  in  section  one  thousand  four  hundred  and  eighty-six 
herein,  the  county  clerk  shall  deliver  to  the  clerks  of  election  the  regis¬ 
tration  books  for  their  several  precincts,  together  with  the  book  of  stubs 
and  ballots,  and  furnish  sample  ballots  and  cards  of  instruction,  all  of 
which  shall  be  produced  by  said  clerks  at  their  several  precincts  when  the 
polls  are  opened  on  the  day  of  the  election.  'No  vote  shall  be  received  by 
the  officers  of  election  in  any  city  or  town  belonging  to  either  of  said  . 
classes,  unless  the  name  of  the  person  offering  to  vote  is  on  the  registry 
herein  provided.  The  officers  of  election  shall,  when  a  vote  is  cast,  mark 
opposite  to  the  name  of  the  person  voting,  in  the  column  of  the  registra¬ 
tion  book  provided  for  that  election,  the  word  “Voted,”  and  at  the  close 
of  the  election,  and  before  closing  or  leaving  the  voting  place,  shall  mark 
opposite  the  name  of  each  person  who  has  not  voted  at  that  election  the  ' 
words  “  Hot  voted.”  The  registration  book  shall  be  returned  to  the  county 
clerk  by  the  clerk  of  the  election  the  day  next  succeeding  the  election. 

§  1503.  Penalty  for  illegal  or  double  registration.  Any  person  who  shall  cause 
himself  to  be  registered  in  more  than  one  election  precinct  [or  give  a  false 
number  of  the  ward  of  his  residence],  otherwise  than  is  provided  in  section 
one  thousand  four  hundred  and  ninety-seven  of  this  article,  or  more 
than  once  in  the  same  precinct,  or  who  shall  cause  himself  to  be  regis¬ 
tered,  knowing  that  he  is  not  lawfully  entitled  to  registration,  and  any 
person  who  shall  aid  or  abet  in  the  commission  of  any  of  said  acts,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  imprisoned  in  the  county 
jail  not  less  than  one  nor  more  than  twelve  months. 

§  1504.  Penalty  for  altering,  secreting  or  destroying  registration  book.  Any  officer 
of  registration,  or  other  person,  who  shall  unlawfully  alter  any  registration 
book,  or  add  any  name  thereto,  or  who  shall  willfully  secrete,  suppress 
or  destroy  any  such  book,  or  who  shall  make  or  aid  in  making  any  false  or 
fraudulent  registration  book,  shall  be  deemed  guilty  of  felony,  and  shall 
be  confined  in  the  penitentiary  not  less  than  one  nor  more  than  five  years, 
and  shall  forfeit  any  office  he  then  holds,  and  shall  forever  be  disqualified 
from  holding  office. 


Ch.  41.] 


ELECTIONS. 


581 


§  1505.  Penalty  for  forcibly  interfering  with  registration.  Any  person  who,  by 
himself  or  in  aid  of  others,  shall  forcibly  break,  or  attempt  to  break,  up 
a  registration  held  as  provided  in  this  article,  or  shall  forcibly  prevent,  or 
atteinpt  to  prevent,  any  person  from  approaching  or  entering  a  place  of 
registration  for  the  purpose  of  registering,  shall  be  fined  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars,  or  imprisoned  not  less  bhan 
six  nor  more  than  twelve  months  in  the  county  jail,  or  both. 

§  1506.  Compensation  of  registration  officers  and  county  clerk.  Officers  of  regis¬ 
tration  shall  receive  two  dollars  per  day  for  each  day  employed  in  attend¬ 
ing  at  the  place  of  registration.  The  county  clerk,  for  his  services  under 
this  article,  shall  receive  the  following  fees,  and  no  other:  For  copying  the 
registry  lists  required  to  he  kept  in  his  office,  or  to  be  used  in  supplying 
lost  hooks,  the  sum  of  two  cents  for  each  voter  whose  name  is  so  copied; 
for  his  services  under  section  one  thousand  five  hundred  and  one,  the  sum 
of  ten  cents  for  the  name  of  each  voter  stricken  ofi‘  the  lists,  and  a  like 

by  him  under  section  one  thousand  four 
hundred  and  ninety-nine.  All  fees  and  expenses  incurred  under  this  article 
shall  be  paid  as  other  election  expenses. 


sum  for  each  name  registered 


Article  V. 

Canvassing  Returns. 

§  1507.  Board  for  examining  returns  for  county.  The  judge  of  the  county 
court,  the  clerk  thereof,  and  the  sheriff,  or  one  of  his  deputies,  if  he  can 
not  act,  shall  constitute  a  board  for  examining  returns  of  each  county 
and  giving  certificates  of  election.  Any  two  of  them  may  con¬ 
stitute  a  board,  but  if  either  is  a  candidate,  he  shall  have  no  ®  ® 
voice  in  the  decision  of  his  own  case.  If,  from  any  cause,  two 
of  the  before-named  persons  can  not  ac*!,  in  whole  or  in  part,  in  canvassing 
the  returns,  their  places  shall  be  supplied  by  the  two  justices  of  the  peace 
who  may  reside  nearest  to  the  county  seat. 


§  1507.  (1)  Board  for  examining  returns. 

The  State  and  not  the  county  board  must 
give  the  certificate  of  election  to  one  who 
has  been  elected  judge  of  the  Louisville 
law  and  equity  court,  that  being  a  “district 
office,”  although  within  the  gift  of  the 
voters  of  a  single  county.  Toney  v.  Harris, 
85  Ky.,  453. 

(2)  The  statute  contemplates  that  only 
one  examining  board  shall  be  organized.  If 
one  of  the  persons  named  is  not  a  candidate, 
the  other  two  persons  designated  may  act 
as  members  in  conjunction  with  him,  al¬ 
though  one  of  them  be  a  candidate  ;  but 
where  two  of  them  are  candidates,  their 
places  must  be  supplied  in  the  manner 
pointed  out  in  the  statute.  Batman  v.  Me- 
gowan,  1  Met.,  533. 

(3)  If  two  of  the  officers  who  constitute 
the  board  have  been  candidates  at  the  elec¬ 


tion*,  there  places  on  the  board  must  be  filled 
by  the  two  j  ustices  residing  nearest  the  court 
house;  if  only  one  of  said  officers  has  been 
a  candidate  at  that  election,  the  other  two 
constitute  the  board  as  to  him,  but  it  is  his 
duty  to  act  in  all  cases  except  his  own.  In 
no  case  can  one  justice  act  on  the  board. 
Cox  V.  Kash,  1  Bush,  201;  14  Bush,  668, 

(4)  When  two  justices  constitute  part  of 
the  board,  they  are  authorized  to  perform 
all  the  duties  that  would  have  devolved  on 
it  if  composed  of  the  county  judge,  clerk 
and  sheriff.  Com.  v.  Hoke,  14  Bush,  668. 

(5)  Mandamus.  If  the  persons  appointed 
by  law  to  compare  the  polls  refuse  to  do  so, 
they  may  be  compelled  by  mandamus  to 
perform  their  duty,  unless  they  are  disqual¬ 
ified  to  act.  Batman  v.  Megowan,  1  Met., 
533;  Cox  v.  Kash,  1  Bush,  201;  Clark  v.  Mc¬ 
Kenzie,  7  Bush,  523. 


582 


ELECTIONS. 


[Ch.  41. 


§  1508.  Returns  to  be  deposited  with  county  clerk — canvassing  returns  of  election. 

Within  two  days  next  after  an  election  the  sheriff  shall  deposit  with  the 
clerk  of  the  county  court  the  returns  of  the  different  precincts.  On  the 
next  day  the  board  shall  meet  in  the  clerk’s  office,  between  ten  and  twelve 
o’clock  in  the  morning,  open  and  canvass  the  returns  of  such  election,  and 
give  triplicate  or  more  written  certificates  of  election  over  their  signa¬ 
tures  of  those  who  have  received  the  highest  number  of  votes  for  any 
office  exclusively  within  the  gift  of  the  voters  of  the  county,  one  copy  of 
the  certificate  to  be  retained  in  the  clerk’s  office,  another  delivered  to  each 
of  the  persons  elected,  and  the  other  forwarded  by  the  county 
6  8  c33,  a  6,  to  thc  Sccrctary  of  State,  at  the  seat  of  government.  For 

offices  not  within  such  gift,  they  shall  give  duplicate  or  more 
written  certificates  over  their  signatures  of  the  number  of  Votes  given  in 
the  county,  city,  town,  district  or  precinct  to  each  person  voted  for  in  said 
county,  city,  town,  district  or  precinct,  particularizing  therein  the  precinct 
at  which  the  Votes  were  given,  one  copy  to  be  retained  in  the  clerk’s  office, 
one  delivered  to  the  sheriff,  and  one,  in  case  of  municipal  or  district  elec¬ 
tion,  to  the  common  council  of  said  municipality  or  governing  authority 
of  such  district.  The  poll-books  shall  thereafter  remain  in  the  clerk’s 
office  as  part  of  its  records.  So,  also,  shall  the  certificates  of  any  precinct 
judges  which  may  have  been  used  in  the  absence  of  the  poll-book  of  that 
precinct. 

§  1509.  District  board  —  compariug  certificates  of  county  boards  —  certificates  of 
election.  Where  two  or  more  counties  vote  together  in  the  choice  of  a 
Representative  or  Senator,  the  canvassing  board  of  election  of  the  respec- 


§  1508.  (1)  Duty  and  powers  of  board.  The 

duty  of  the  board  to  examine  the  poll-books 
is  merely  ministerial;  they  have  no  right  to 
pass  upon  the  legality  of  votes  cast,  but  are 
required  to  count  the  votes  certified  to  them 
by  the  officers  of  election,  and  issue  the 
certificate  in  accordance  therewith.  Clark 
V.  McKenzie,  7  Bush,  523. 

(2)  The  examining  board  is  constituted 
for  the  mere  purpose  of  comparing  the  polls 
and  giving  a  certificate  of  election  to  the 
candidate  receiving  the  largest  number  of 
votes  according  to  the  returns  which  have 
been  made  by  the  officers  of  election.  It  is 
not  the  duty  of  this  board  to  pass  upon  the 
qualifications  of  the  candidates.  Patterson 
V.  Miller,  2  Met.,  493;  Leeman  v.  Hinton,  1 
Duv.,  37;  Hoglan  v.  Carpenter,  4  Bush,  89. 

(3)  Impeachment  of  certificate.  In  the  case 
of  an  election  to  take  the  sense  of  the 
voters  upon  the  question  of  imposing  a  tax, 
if  the  examining  board,  through  fraud  or 
mistake,  make  a  false  return,  a  court  may 
correct  it.  Riggs  v.  Stevens,  92  Ky.,  393. 

(4)  Mandamus  will  lie  to  require  examining 
board  to  give  certificate  to  person  receiving 
the  highest  number  of  votes.  Howes  v. 


Walker,  92  Ky.,  258;  Clark  v.  McKenzie,  7 
Bush,  523. 

(5)  Person  entitled  to  certificate.  To  entitle 
a  person  to  a  certificate  of  election  it  must 
appear  that  he  received  a  majority  of  the 
votes  cast  for  that  office.  It  is  not  sufficient' 
that  he  had  no  opposing  candidate  at  close 
of  polls.  Howes  V.  Walker,  92  K3^,  258; 
and  see  Varney  v.  Justice,  86  Ky.,  5^. 

(6)  To  entitle  one  to  recover  an  office  he 
must  show  his  title  to  the  office;  he  can  not 
recover  on  the  want  of  title  in  his  opponent. 
Howes  V.  Perrys  92  Ky.,  260;  Toney  v.  Har¬ 
ris,  85  Ky.,  453. 

(7)  One  who  has  not  received  either  a 
majority  or  plurality  of  the  votes  cast  is 
not  entitled  to  the  office.  Where  the  can¬ 
didate  who  received  the  majority  of  the 
votes  died  before  the  polls  closed,  his  oppon¬ 
ent  was  not  entitled  to  the  office,  because 
he  did  not  receive  a  majority,  of  the  votes 
cast.  Howes  v.  Perry,  92  Ky.,  260. 

(8)  Return  of  polbbooks.  The  requirement 
that  the  poll-books  shall  be  returned  within 
two  days  after  the  election  means  the  two 
next  days  after  the  day  of  election.  Bat¬ 
man  V,  Megowan,  1  Met.,  533. 


Ch.  41.] 


ELECTIONS. 


583 


O  8  C  33,  ft  0, 

I  3 

Amd  Feb  24,  94 


tive  counties  shall  make  duplicate  written  certificates  over  their  signatures 
of  the  number  of  votee  given  in  the  counties  for  such  Representative  or 
Senator,  one  copy  to  be  retained  in  the  clerk’s  office  of  such  county,  and 
the  other  to  be  sent  immediately  by  mail  by  said  board  to  the  canvassing 
board  of  the  county  in  such  district  having  the  largest  popula¬ 
tion,  which  last-named  board  shall,  between  ten  and  twelve 
o’clock  in  the  morning  of  the  [second]  Monday  after  the  elec¬ 
tion,  meet  in  the  clerk’s  office  of  their  county,  compare  the  certificates  of 
the  canvassing  boards  of  the  several  counties,  and  th(irefrom  give  tripli¬ 
cate  certificates  of  election,  in  writing,  over  their  signatures,  of  the  persons 
who  appear  to  have  received  the  largest  number  of  votes,  one  copy  of  the 
certificate  to  be  retained  in  the  clerk’s  office,  another  delivered  to  the  per¬ 
son  elected,  and  the  other  forwarded  to  the  Secretary  of  State  at  the  seat 
of  government.  {See  sec.  1513.) 

§  1510.  Certificate'  of  election — form  of.  The  certificate  of  election  of  a 
county  officer  shall  be,  in  substance,  in  the  following  form :  ®  ® 

Commonwealth  of  Kentucky,  Set. 

We,  A,  B  and  C,  duly  authorized  to  canvass  the  returns  for  the  county 

of - ,  do  certify,  that  at  an  election  held  in  said  county  on 

the - day  of - ,  E  F  was  duly  elected  to  fill  the  office 

of - . 

The  certificate  of  election  of  a  justice  of  the  peace  or  constable  shall  be 
altered  to  show  that  the  election  was  held  in  a  named  district. 

§  1511.  Certificate  of  election  of  State  and  district  officers  and  election  for  public 
measures.  After  an  election  for  Governor,  Lieutenant-Governor,  or  other 
officer  elective  by  the  votes  of  the  whole  State,  or  more  than  one  county, 
or  for  a  judge  of  the  court  of  appeals,  clerk  of  that  court,  circuit  judge. 
Commonwealth’s  attorney,  representative  in  Congress,  or  electors  of  Presi¬ 
dent  and  Vice-President,  or  for  questions  or  constitutional  amend¬ 
ments  submitted  to  a  vote  of  the  people,  it  shall  be  the  duty  of  ®  ® 
the  board  of  canvassers  of  returns  for  each  county,  immediately 
after  the  examination  of  such  returns,  to  make  out  two  or  more  certificates, 
in  writing,  over  their  signatures,  of  the  number  of  votes  given  in  the  county 
for  each  of  the  candidates  for  any  of  said  offices,  and  the  number  of  votes 
for  and  against  such  questions  or  constitutional  amendments.  One  of  the 
certificates  shall  be  retained  in  the  clerk’s  office,  another  the  clerk  shall 
send  by  the  next  mail,  under  cover,  to  the  Secretary  of  State  at  the  seat  of 
government. 

§  1512.  State  board — certificates  of  election — publication  of  result — tie  vote — Con> 
fressman  —  Presidential  electors.  The  Governor,  Attorney-General 
and  Secretary  of  State,  and,  in  the  absence  of  either,  the  Audi-  ®  ®  ‘ 

tor,  or  any  two  of  them,  shall  be  a  board  for  examining  the 
returns  of  election  for  any  of  the  offices  named  in  the  last  section. 

1.  It  shall  be  the  duty  of  said  board,  when  the  returns  are  all  in,  or  on 
the  fourth  Monday  after  the  election,  whether  they  are  in  or  not,  to  make 


584 


ELEyCTIONS. 


[Ch.  41. 


out  in  the  Secretary’s  office,  from  the  returns  made,  duplicate  certificates, 
in  writing,  over  their  signatures,  of  the  election  of  those  having  the  highest 
number  of  votes,  one  certificate  to  be  retained  in  the  office  and  the  other 
sent  by  mail  to  the  person  elected.  If  all  the  returns  are  not  made,  the 
right  to  contest  an  election  shall  not  be  impaired. 

2.  In  the  case  of  the  election  of  a  representative  in  Congress,  there  shall 
be  three  certificates — one  to  be  retained  in  the  office,  another  sent  by  mail 
to  the  person  elected,  and  the  other  sent  by  mail  to  the  clerk  of  the  House 
of  Representatives,  at  the  seat  of  the  Federal  Government. 

3.  It  shall  be  the  duty  of  the  Secretary,  immediately  after  the  compari¬ 
son  of  the  returns,  to  cause  a  statement  therefrom  of  the  votes  given  in 
every  county  for  each  candidate  to  be  published  in  two  newspapers. 

4.  If  two  or  more  persons  shall  be  found  to  have  received  the  highest 
and  an  equal  number  of  votes  for  the  same  office,  so  that  the  election  can 
not  be  determined  among  the  candidates  by  a  plurality  of  votes,  it  shall  be 
determined  by  lot,  in  such  manner  as  the  board  may  direct,  and  in  the 
presence  of  not  less  than  three  other  persons. 

5.  If  one  or  more  of  the  persons  voted  for  as  electors  of  President  is 
elected,  then  he  or  they,  when  convened  to  vote  for  President,  shall  deter¬ 
mine  which  of  the  candidates  having  an  equal  number  of  votes  shall  be 
deemed  to  be  elected  without  casting  any  lot  therefor.  But  if  none  is 
elected,  then  the  board  shall  determine  the  election  by  lot  between  those 
having  the  highest  and  equal  number  of  votes,  except  that  they  shall  be 
arranged  and  drawn  for  in  classes,  according  to  their  known  pledges  to 
vote  for  the  different  candidates,  so  that  the  whole  vote  of  the  State  may 
be  given  to  the  same  person. 

§  1513.  District  board — determination  by  lot  in  case  of  tie.  Where  the  canvass¬ 
ing  board  of  two  or  more  counties,  on  comparison  of  the  re- 
0  s  cz9,  %  5,  turns,  or  the  board  of  canvassers  for  a  county,  find  that  two  or 
more  persons  have  received  the  highest  and  an  equal  number  of 
votes  for  the  same  office,  they  shall  in  like  manner,  by  lot,  determine 
which  of  the  candidates  is  elected.  {See  sec.  1509.) 

Article  VI. 

Time  of  Holding  Elections. 

§  1514.  Presidential  electors.  The  election  of  electors  of  President  and 
Vice-President  shall  be  held  on  the  Tuesday  next  after  the  first  Monday 
Con  8 148-  November,  one  thousand  eight  hundred  and  ninety-two,  and 
o  s  c  a  4,  on  the  same  day  in  every  fourth  year  thereafter;  but  the  Gov¬ 
ernor  may,  by  his  proclamation,  appoint  the  same  day  in  any 
other  year,  pursuant  to  the  act  of  Congress,  for  holding  the  election,  in 
the  event  of  a  vacancy  in  the  offices  of  President  and  Vice-President. 

§  1515.  Congressional.  The  election  of  representatives  in  Congress  shall 
Con  8 148*  held  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
G  s  czz.  a  4,  i^er,  one  thousand  eight  liTindred  and  ninety-two,  and  on  the 
same  day  in  every  second  year  thereafter. 


Ch.*  41.] 


ELECTIOKS. 


585 


§  1516.  State  officers.  The  election  for  Governor,  Lieutenant-Governor, 
Treasurer,  Auditor  of  Public  Accounts,  Register  of  the  Land  Office, 
Attorney- General,  Secretary  of  State,  Superintendent  of  Public 
Instruction,  and  Commissioner  of  Agriculture,  Labor  and  Sta- 
tistics  shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November,  one  thousand  eight  hundred  and  ninety -five,  and  the  same  day 
every  four  years  thereafter. 

§  1517.  Clerk  of  court  of  appeals.  At  the  annual  election  in  the  year  one 
thousand  eight  hundred  and  ninety-seven  there  shall  be  elected  by  the 
qualified  voters  of  the  State  a  clerk  of  the  court  of  appeals,  who 
shall  take  his  office  the  first  Monday  in  September,  one  thou-  ®  ® 
sand  eight  hundred  and  ninety-eight,  and  shall  hold  his  office 
until  the  regular  election  in  one  thousand  nine  hundred  and  three;  and 
on  the  same  day  every  four  years  thereafter  an  election  shall  be  held  for 
the  clerk  of  the  court  of  appeals. 

§  1518.  Circuit  judge  —  Common  wealth’s  attorney  —  circuit  court  clerk.  At  the 

general  election  in  one  thousand  eight  hundred  and  ninety-two  there  shall, 
be  elected  in  each  circuit  court  district  a  judge  thereof,  and  a  Common¬ 
wealth’s  attorney,  and  in  each  county  a  clerk  of  the  circuit  court,  who 
shall  enter  upon  the  discharge  of  the  duties  of  their  respective 
offices  on  the  first  Monday  in  January  after  their  election,  and  ® 
shall  hold  their  offices  five  years,  and  until  their  successors  are 
elected  and  qualified.  An  election  shall  be  held  in  each  county,  in  each 
circuit  court  district,  for  a  circuit  court  judge.  Commonwealth’s  attorney 
and  circuit  court  clerk,  on  the  first  Tuesday  after  the  first  Monday  in 
November,  in  the  year  one  thousand  eight  hundred  and  ninety-seven,  and 
on  the  same  day  every  six  years  thereafter, 

§  1519.  County  officers — justices  of  peace — constables.  An  election  shall  be 
held  in  each  county  on  the  first  Tuesday  after  the  first  Monday  in  Novem^ 
her,  one  thousand  eight  hundred  and  ninety-four,  forjudge  of  the  county 
court,  county  court  clerk,  county  attorney,  sherifiT,  county  superintendent 
of  common  schools,  members  of  the  fiscal  court,  jailer,  coroner,  surveyor 
and  assessor,  and  in  each  justices’  district  for  one  justice  of  the  peace  and 
one  constable,  who  shall  hold  their  respective  offices  for  the 

Con  ■  148 : 

period  of  three  years,  and  until  the  election  and  qualification  of  ® 
their  successors ;  and  in  eighteen  hundred  and  ninety-seven,  and 
every  four  years  thereafter,  there  shall  be  held  an  election  in  each  county 
for  the  officers  herein  mentioned.  The  first  election  for  sherifiT  shall  be 
held  in  each  county  at  the  regular  election  in  one  thousand  eight  hundred 
and  ninety-two,  and  the  sherift's  elected  at  this  time  shall  hold  their 
respective  offices  for  the  period  of  two  years,  and  until  the  election  and 
qualification  of  their  respective  successors. 

§  1520.  Officers  not  otherwise  provided  for.  The  election  of  all  other  officers 

§  1520.  Time  when  election  shall  be  held,  by  law  or  by  the  officer  empowered  to  do 
To  make  an  election  legal  there  must  be  a  so.  Toney  v.  Harris,  85  Ky.,  453;  and  see 
time  fixed  for  holding  such  election,  either  McGee  v.  Gill,  79  Ky.,  106. 


58.6 


ELECTIONS. 


[Ch.  41. 


not  otherwise  provided  for  shall  he  held  on  the  first  Tuesday  after  the 
con  B 148;  first  Mondaj  in  November,  and  thereafter  on  the  same  day  of 
O  S  c^33,  a  4,  torms  of  oflice  regularly  expire. 

Article  VII. 

Vaeancies — How  Filled. 

§  1521.  Vacancy  in  office  —  meaning  and  application  of  term.  The  term  “va¬ 
cancy  in  office,”  or  any  equivalent  phrase,  as  used  in  this  article,  means 
such  as  exists  when  there  is  an  un expired  part  of  a  term  of  office 
G  s  c^33,  a  6,  ^ithout  a  lawful  incumbent  therein,  or  when  the  person  elected 
or  appointed  to  an  office  fails  to  qualify  according  to  law,  or  when 
there  has  been  no  election  to  fill  the  office  at  the  time  appointed  by  law. 
It  applies  whether  the  vacancy  is  occasioned  by  death,  resignation,  removal 
from  the  State,  county  or  district,  or  otherwise. 

§  1522.  Appointment  or  election — when  filled  by.  If  the  unexpired  term  will 
end  at  the  next  succeeding  annual  election  at  which  either  city,  town, 
county,  district  or  State  officers  are  to  be  elected,  the  office  shall  be  filled 
by  appointment  for  the  remainder  of  the  term.  If  the  unexpired  term  will 
not  end  at  the  next  succeeding  annual  election  at  which  either  city,  town, 
county,  district  or  State  officers  are  to  be  elected,  and  if  three  months  in¬ 
tervene  before  said  succeeding  annual  election  at  which  either  city,  town, 
county,  district  or  State  officers  are  to  be  elected,  the  office  shall  be  filled 
by  appointment  until  said  election,  and  then  said  vacancy  shall 

Con  8 162  be  filled  by  election  for  the  remainder  of  the  term.  If  three 
months  do  not  intervene  between  the  happening  of  said  vacancy 
and  the  next  succeeding  election  at  which  city,  town,  county,  district  or 
State  officers  are  to  be  elected,  the  office  shall  be  filled  by  appointment 
until  the  second  succeeding  annual  election  at  which  city,  town,  county, 
district  or  State  officers  are  to  be  elected ;  and  then,  if  any  part  of  the  term 
remains  unexpired,  the  office  shall  be  filled  by  election' until  the  regular 
time  for  the  election  of  officers  to  fill  said  offices.  Vacancies  in  all  offices 
for  the  State  at  large,  or  for  districts  larger  than  a  county,  shall  be  filled 
by  appointment  of  the  Governor.  No  person  shall  ever  be  appointed  a 
member  of  the  General  Assembly. 

§  1523.  Writs  of  election — proclamation — publication — duty  of  sheriff  and  clerk.  A 

writ  of  election  shall  be  signed  by  the  officer  or  attested  by  the 

Gsc33,  a6,  of  ^he  court  issuing  the  same,  shall  designate  the  day  for 

holding  the  election,  and  be  directed  to  the  proper  sherifif  or 

sherifife. 

1.  When  an  election  is  to  be  held  to  fill  a  vacancy  in  any  office  by  the 
voters  of  the  whole  State,  or  of  a  Congressional  or  judicial  district,  or  other 

§  1521.  Vacancy.  As  to  filling  vacancy  in  vacancy  in  office  of  clerk  of  county  court 
office  of  judge  of  law  and  equity  court  in  prior  to  present  Constitution.  Loran  v. 
Jefferson  county  prior  to  adoption*of  present  Webb,  82  Ky,,  246. 

Constitution,  see  85  Ky. ,  453.  Election  to  fill 


Ch.  41.] 


ELECTIONS. 


587 


district  composed  of  more  than  one  county,  a  proclamation,  signed  by  the 
officer  authorized  to  order  the  same,  shall  be  used  and  stand  in  lieu  of  a 
writ  of  election. 

2.  Such  proclamation,  when  for  the  whole  State,  shall  be  published,  at 
least  thirty  days  before  the  election,  in  two  newspapers  printed  at  the  seat 
of  government;  and  when  for  such  district,  at  least  twenty  days  before  the 
election,  in  two  newspapers  printed  in  the  district — if  there  are  such 
papers  printed  at  the  seat  of  government  or  in  the  district.  A  copy  of  a 
proclamation  for  a  district  election  shall  also  be  forwarded  by  mail  to  the 
sheriff  of  each  county  in  the  district  twenty  days  before  the  election. 

3.  Immediately  on  receipt  of  a  writ  of  election  or  proclamation  of  elec¬ 
tion,  or  other  sufficient  information  thereof,  the  sheriff'  shall  give  notice 
thereof  by  advertisements,  posted  at  the  court  house  door  and  the  several 
places  of  voting,  and  published  in  some  newspaper  printed  in  the  county, 
if  any  such  there  be. 

4.  Xo  writ  for  the'election  of  a  county  officer,  a  representative  or  sena¬ 
tor,  shall  be  issued,  except  so  as  to  enable  the  sheriff*  to  give  such  notice 
at  least  eight  days  before  the  election. 

5.  A  writ  of  election  from  the  county  court  shall  be  delivered  to  the 
sheriff  by  the  clerk  thereof  immediately  after  it  is  ordered.  Other  writs 
of  election  or  proclamations  shall  be  forwarded  by  the  officer  issuing  them 
to  the  sheriff*  by  mail.  If,  from  any  cause,  the  sheriff  can  not  properly  act^ 
he  shall  immediately  hand  the  writ  or  proclamation  to  the  person  author¬ 
ized  to  act  in  his  place. 

§  1524.  General  Assembly — who  to  issue  writ.  When  a  vacancy  happens  in 
either  branch  of  the  General  Assembly  during  its  session,  the 
presiding  officer  of  the  House  in  which  the  vacancy  occurs  shall 
issue  the  writ  of  election ;  if  the  General  Assembly  is  not  in 
session,  the  writ  shall  be  issued  by  the  Governor. 

§  1525.  Governor — office  of — who  to  issue  writ.  Wlien  a  vacancy  happens  in 
the  office  of  Governor,  requiring  an  election,  the  proclamation 
shall  be  issued  by  the  Chief  Justice;  or  if  he  is  absent  from  the  »6. 

State  or  unable  to  act,  by  one  of  the  associate  justices. 

§  1526.  County  officers — who  to  issue  writ.  A  vacancy  in  the  office  of  sheriff, 
coroner,  surveyor,  county  court  clerk,  county  attorney,  jailer,  county 
superintendent  of  common  schools,  county  treasurer,  constable,  assessor, 
or  members  of  the  fiscal  court  shall  be  temporarily  filled  by 
the  county  court  until  the  successor  shall  have  been  elected  as  ®  ^  ®  * «» 

provided  in  section  one  thousand  five  hundred  and  twenty-two 
of  this  article,  and  shall  have  qualified.  A  writ  of  election  to  fill  the 
vacancy  shall  be  issued  by  the  county  judge;  or,  if  he  is  absent  from  the 
county,  by  the  county  clerk ;  but  if  the  vacancy  be  in  his  office,  then  by 
the  circuit  clerk,  if  the  county  judge  is  absent  from  the  county. 

§  1527.  Justice  of  the  peace — who  to  issue  writ.  A  vacancy  in  the  office  of 
justice  of  the  peace  shall  be  filled  by  the  appointment  of  the  county  court 


588 


ELECTIONS. 


[Ch.  41. 


temporarily,  until  the  successor  shall  have  been  elected,  as  provided  in 
section  one  thousand  five  hundred  and  twenty-two  of  this  arti- 
G  B  c  33^  a  6,  shall  havo  qualified ;  and  a  writ  of  election  shall  be 

issued  as  provided  in  the  preceding  section. 

§  1528.  Commonwealth’s  attorney  and  circuit  clerk — who  to  issue  writ.  A  vacancy 
in  the  ofiice  of  Commonwealth’s  attorney  or  circuit  court  clerk 
G 8c 33, a 6,  maimer,  be  temporarily  filled  for  the  same  time  by 

the  circuit  judge  of  the  district,  who  shall  also  issue  the  writ  of 
proclamation  for  an  election  to  fill  the  remaining  vacancies. 

§  1529.  County  judge — vacancy  filled  by  justices.  When  a  vacancy  shall  occur 
in  the  office  of  a  county  judge,  it  shall  be  the  duty  of  the  clerk  of  the 
county  court  to  issue  a  summons  directed  to  the  sheriff  or  any  constable 
of  the  county,  commanding  him  to  summon  the  justices  of  the  peace  of 
said  county  to  convene  at  the  court  house  on  a  day  to  be  named  in  the  sum¬ 
mons,  which  day  shall  not  be  less  than  ten  nor  more  than  twenty  days  after 
issuing  of  said  summons;  and  a  majority  of  the  justices  of  said 
G 8c 33,  as,  ^ouuty  bciug  present,  shall  proceed  to  fill  said  vacancy  until  his 
successor  shall  have  been  elected  as  provided  in  section  one 
thousand  five  hundred  and  twenty-two  of  this  article,  and  shall  have  qual¬ 
ified.  If  a  majority  of  the  justices  are  not  present  on  the  day  named  in 
the  summons,  then  those  present  shall  adjourn  from  day  to  day  until  a 
majority  can  be  had.  A  writ  of  election,  as  provided  in  section  one  thou¬ 
sand  five  hundred  and  twenty-three,  shall  be  issued  by  the  clerk  of  the 
county,  directed  to  the  sheriff  of  the  county,  who  shall  give  notice,  as  pro¬ 
vided  in'  section  one  thousand  five  hundred  and  twenty -three,  and  hold  an 
election  at  the  next  annual  election. 

1.  The  justices  shall  convene  at  ten  o’clock  in  the  morning  of  the  day 
named,  or  as  soon  thereafter  as  may  be,  and  at  the  same  hour  every  suc¬ 
ceeding  day,  Sunday  excepted,  until  the  vacancy  is  filled. 

2.  A  majority  of  the  justices  shall  be  a  quorum  to  fill  the  vacancy,  and 
their  written  certificate  thereof  shall  be  handed  to  and  preserved  by  the 
clerk  of  the  court. 

3.  In  case  of  a  tie,  after  ten  ballots,  the  sheriff  shall  give  the  casting 
vote. 

§  1530.  Resignations — how  and  to  whom  tendered.  All  resignations  of  office 
shall  be  tendered  to  the  court  or  officer  who  is  required  to  fill  the  vacancy. 
All  such  resignations  shall  be  in  writing,  and  received  and  recorded  by 
said  court  or  officer.  When  it  is  required  to  be  filled  by  the 
6  8CS3, a6,  circult  judge  he  shall  cause  a  record  to  be  made  of  the  resigna¬ 
tion  in  the  court  of  that  county  in  which  the  officer  lives  ;  and 
when  by  the  county  court  it  shall  cause  a  record  of  the  fact  to  be  made ; 
and  when  by  the  Governor  he  shall  cause  the  same  to  be  recorded  in  the 
executive  journal. 


Ch.  41.] 


% 


ELECTI0NS. 


589 


Article  VIII. 

Contested  Election  and  Appeals  from  Decision  of  Board. 

§  1531.  Governor  and  Lieutenant-Governor  —  contesting  board — how  formed — pro¬ 
ceedings.  When  the  election  of  a  Grovernor  or  Lieutenant-Gov¬ 
ernor  is  contested,  a  board  for  determining  the  contest  shall  be 
formed  in  the  following  manner: 

1.  On  the  third  day  after  the  organization  of  the  General  Assembly, 
which  meets  next  after  the  election,  the  Senate  shall  select,  by  lot,  three 
of  its  members,  and  the  House  of  Representatives  shall  select,  by  lot,  eight 
of  its  members,  and  the  eleven  so  selected  shall  constitute  a  board,  seven 
of  whom  shall  have  power  to  act. 

2.  In  making  the  selection  by  lot,  the  name  of  each  member  present 
shall  be  written  on  a  separate  piece  of  paper,  every  such  piece  being  as 
nearly  similar  to  the  other  as  may  be.  Each  piece  shall  be  rolled  up,  so 
that  the  name  thereon  can  not  be  seen,  nor  any  particular  piece  ascer¬ 
tained  or  selected  by  feeling.  The  whole,  so  prepared,  shall  be  placed  by 
the  clerk  in  a  box  on  his  table,  and,  after  it  has  been  well  shaken,  and  the 
papers  therein  well  intermixed,  the  clerk  shall  draw  out  one  paper,  which 
shall  be  opened  and  read  aloud  by  the  presiding  officer,  and  so  on,  until 
the  required  number  is  obtained.  The  persons  whose  names  are  so  drawn 
shall  be  members  of  the  board. 

3.  The  members  of  the  board  so  chosen  by  the  two  Houses  shall  be 
sworn  by  the  Speaker  of  the  House  of  Representatives  to  try  the  contested 
election,  and  give  true  judgment  thereon,  according  to  the  evidence,  unless 
dissolved  before  rendering  judgment. 

4.  The  board  shall,  within  twenty-four  hours  after  its  election,  meet, 
appoint  its  chairman,  and  assign  a  day  for  hearing  the  contest,  and  adjourn 
from  day  to  day  as  its  business  may  require. 

5.  If  any  person  so  selected  shall  swear  that  he  can  not,  without  great 
personal  inconvenience,  serve  on  the  board,  or  that  he  feels  an  undue  bias 
for  or  against  either  of  the  parties,  he  may  be  excused  by  the  House  from 
which  he  was  chosen  from  serving  on  the  board ;  and  if  it  appears  that  a 


§  1531.  (1)  Coatested  election.  A  contest¬ 
ing  board  can  pass  upon  the  legality  of  the 
votes  received  by  the  candidates  and  reject 
such  as  are  not  legal.  Clark  v.  McKenzie, 
7  Bush,  533;  and  can  also  inquire  into  and 
determine  whether  one  elected  to  an  office 
possess  the  necessary  qualifications.  Atch- 
inson  v.  Lucas,  83  Ky.,  451;  and  see  Com.  v. 
Jones,  10  Bush,  735. 

(3)  A  defeated  candidate  may  contest  the 
election  of  his  successful  opponent  upon 
the  ground  that  he  is  ineligible.  Grinstead 
V.  Scott,  82  Ky.,  88;  Stevens  v.  Wyatt,  15 
B.  M.,  543. 

(3)  When  the  statute  has  provided  the 


means  of  contesting  elections,  and  there  is 
no  statute  applicable  to  the  particular  elec¬ 
tion,  the  result  as  certified  to  by  those  hold¬ 
ing  the  election  is  final.  Clark  v.  Rogers, 
81  Ky.,  43;  80  Ky.,  159. 

(4)  The  action  of  the  contesting  board, 
within  the  limits  of  its  jurisdictio.  ,  Is  final 
and  conclusive  on  the  courts  as  w^Il  as  on 
other  departments  of  the  government,  bu". 
when  the  courts  are  called  upon  to  enforce 
the  judgment  of  the  board  they  have  power 
to  inquire  into  and  determine  its  jurisdic¬ 
tion  in  the  particular  case.  Com.  v.  Jones, 
10  Bush,  735,  13  B.  M.,  515;  1  Met.,  533. 


590 


ELECTIONS. 


.  [Ch.  41. 


person  so  selected, is  related  to  either  party,  or  is  liable  to  any  other  proper 
objection  on  the  score  of  his  partiality,  he  shall  be  so  excused. 

6.  Any  deficiency  in  the  proper  number  so  created  shall  be  supplied  by 
another  draw  from  the  box. 

■  7.  The  board  shall  have  power  to  send  for  persons,  papers  and  records, 
to  issue  attachments  therefor,  signed  by  its  chairman,  swear  witnesses  by 
its  chairman  or  clerk,  and  issue  commissions  for  taking  proof. 

8.  Where  it  shall  appear  that  the  candidates  receiving  the  highest  num¬ 
ber  of  votes  given  have  received  an  equal  number,  the  right  to  the  oflice 
shall  be  determined  by  lot,  under  the  direction  of  the  board.  Where  the 
person  returned  is  found  not  to  have  been  legally  qualified  to  receive  the 
office  at  the  time  of  his  election,  a  new  election,  as  provided  herein,  shall 
be  ordered  to  fill  the  vacancy,  provided  the  first  two  years  of  his  term 
shall  not  have  expired.  Where  another  than  the  person  returned  shall  be 
found  to  have  received  the  highest  number  of  legal  votes  given,  such 
other  shall  be  adjudged  to  be  the  person  elected  and  entitled  to  the  office. 

9.  ITo  decision  shall  be  made  but  by  the  vote  of  six  members.  Its 
decision,  when  made,  shall  be  final  and  conclusive.  It  shall  be  made  out 
in  triplicate,  and  signed  by  the  members  voting  therefor.  One  copy  shall 
be  retained  by  the  chairman  or  clerk,  and  one  delivered  to  the  presiding 
officer  of  each  House. 

10.  If  a  new  election  is  required,  it  shall  be  immediately  ordered  by  the 
.proclamation  of  the  Speaker  of  the  House  of  Representatives  to  take 
place  within  six  weeks  thereafter,  and  on  a  day  not  sooner  than  thirty 
days  thereafter. 

Cll.  When  a  new  election  is  ordered,  or  the  incumbent  adjudged  not  to 
be  entitled,  his  powers  shall  immediately  cease,  and  if  the  office  is  not 
adjudged  to  another,  it  shall  be  deemed  to  be  vacant. 

12.  If  any  member  of  the  board  willfully  fails  to  attend  its  sessions,  he 
shall  be  reported  to  the  House  to  which  he  belongs,  and  thereupon  such 
House  shall,  in  its  discretion,  punish  him  by  fine  or  imprisonment,  or  both. 

13.  If  no  decision  of  the  board  is  given  during  the  then  session  of  the 
General  Assembly,  it  shall  be  dissolved,  unless,  by  joint  resolution  of  the 
two  Houses,  it  is  empowered  to  continue  longer. 

§  1532.  Member  of  General  Assembly — contesting  board.  When  the  election  of 
a  member  of  the  General  Assembly  is  contested,  that  branch  thereof  to 
which  he  belongs,  within  three  days  after  its  organization,  shall  in  like 
manner  select  a  board  of  not  more  than  nine  nor  less  than  five 
'  0  s  czz,  a  7,  members  for  determining  the  contest,  which  board  shall 

be  governed  by  the  same  rules,  have  the  same  power,  and  be 
'  subject  to  the  same  penalties,  as  would  the  board  to  determine  the  con¬ 
tested  election  of  Governor,  and  shall  report  its  decision  to  that  branch  of 
the  General  Assembly  by  which  it  was  appointed  for  its  further  action. 

§  1533.  State  board  of  contest — who  compose.  The  Governor,  Attorney-Gen¬ 
eral,  Auditor,  Treasurer  and  Secretary  of  State,  or  any  three  of  them,  shall 
be  a  board  with  like  powers  as  those  named  in  the  last  section  for  deter- 


Ch.  41.] 


ELECTIONS. 


591 


mining  the  contested  election  of  any  officer  other  than  Governor  or  Lieu¬ 
tenant-Governor,  elective  by  the  voters  of  the  whole  Stale,  or  of 
a  judge  or  clerk  of  the  court  of  appeals,  circuit  judge  or  Com-  ®  8^3*.  *7, 
mon wealth’s  attorney. 

1.  Each  member  of  the  board,  before  entering  on  his  duties  as  such, 
shall  be  sworn  by  some  judge  or  justice  to  try  the  contested  election,  and 
give  true  judgment  thereon  according  to  the  evidence. 

2.  The  board  and  its  acts  shall  be  governed  by  the  rules  named  in  section 
one  thousand  five  hundred  and  thirty-one  of  this  article,  where  the  same  are 
applicable  to  its  duties. 

3.  A  majority  of  the  board  shall  be  necessary  to  a  decision,  which  shall 
be  in  writing,  and  signed  in  duplicate  by  the  members  concurring  therein, 
one  copy  to  be  retained  in  the  secretary’s  office  and  the  other  delivered 
to  the  successful  party,  or  sent  to  him  by  mail. 

4.  The  Governor  shall,  immediately  after  such  decision,  issue  the  proper 
commission,  or  order  a  new  election,  as  provided  in  section  one  thousand 
five  hundred  and  twenty-three,  as  the  case  may  require. 

§  1534.  County  board  of  contest  —  who  compose.  The  judge  of  the  county 

court,  and  two  justices  of  the  peace  residing  nearest  to  the  court 
house  in  each  county,  shall  be  a  board,  with  like  powers  as  those  ®  s « 
named  in  the  last  section,  for  determining  the  contested  election 
of  any  officer  elective  by  the  voters  of  the  county,  or  any  district  therein, 
except  members  of  the  General  Assembly  [and  also  of  any  police  judge, 
clerk,  marshal,  or  other  elective  municipal  officer,  where  there 
is  no  other  provision  of  law  for  determining  the  contested  elec-  Amd  Feb  24, 94 
tion  of  such  municipal  officers].  If  any  of  said  persons  are  absent 
from  the  county,  or  can  not  properly  act,  then  said  board  shall  be  filled  by 
adding  thereto*,  first,  the  county  court  clerk,  then  the  justice  of  the  peace 
who  resides  next  nearest  to  the  court  house,  and  so  on,  excluding  such  as 
can  not  properly  act,  till  the  board  is  full.  If  either  party  shall  make 
affidavit  and  file  the  same  with  a  county  board,  that  such'party  verily  be¬ 
lieves  that  either  or  both  of  ^aid  justices  will  not  give  a  fair  and  impartial 
trial,  then  the  board  shall  be  filled  by  other  justices  in  lieu  of  those  thus 
objected  to. 

1.  The  board  shall  be  governed  by  the  rules  named  in  sections  one 
thousand  five  hundred  and  thirty  and  one  thousand  five  hundred  and 
thirty-three,  where  the  same  are  applicable  to  its  duties. 

2.  The  decision  of  the  board  shall  be  given  in  writing,  and  signed  in 
triplicate,  one  copy  to  be  entered  on  the  minutes  of  the  court,  another 
handed  to  the  successful  party,  and  the  other,  when  necessary  for  obtain¬ 
ing  a  commission,  forwarded  by  mail  to  the  Secretary  of  State. 

3.  When  the  decision  so  requires,  the  court  shall  immediately  issue  a 

§  1534.  Decision  of  board.  The  presump-  decision  in  the  manner  required  by  the  stat- 
tion  will  be  indulged  that  the  contesting  utes.  Grinstead  v.  Scott,  82  Ky.,  88. 
board  kept  its  minutes  and  rendered  its 


592 


ELECTIONS. 


[Ch.  41. 


6  S  c  33,  a  7, 
8  5 


writ  for  a  new  election,  as  provided  in  section  one  thousand  five  hundred 
and  twenty-three. 

§  1535.  Notice  of  contest — proceedings — costs,  i^o  application  to  contest  the 
election  of  an  officer  shall  be  heard,  unless  notice  thereof  in 
writing,  signed  by  the  party  contesting,  is  given. 

1.  The  notice  shall  state  the  grounds  of  the  contest,  and  none  other  shall 
afterward  be  heard  as  coming  from  such  party;  but  the  contestee  may 
make  defense  without  giving  counter-notice. 

2.  In  the  case  of  an  officer  elective  by  the  voters  of  the  whole  State,  or 
any  judicial  district,  the  notice  must  be  given  within  thirty  days  after  the 
final  action  of  the  board  of  canvassers.  In  the  case  of  a  Senator  or  Rep¬ 
resentative,  it  must  be  given  within  fifteen  days;  and  in  that  of  any  other 
office,  within  ten  days  after  such  action. 

3.  Immediately  after  such  notice,  either  party  may  proceed  to  take  proof 
by  depositions,  under  the  same  rules  and  regulations  that  govern  the 
taking  of  depositions  in  actions  in  equity,  except  that  no  commission  shall 
be  required  for  taking  a  deposition  out  of  the  State.  The  depositions 
shall  be  sealed  up  by  the  officer  taking  them,  and  directed  to  the  board 
having  power  to  decide  the  contest,  or  to  the  clerk  of  the  Senate  or  clerk 
of  the  House  of  Representatives,  as  the  case  may  require. 

4.  Such  depositions  properly  taken  shall  be  read  as  evidence  before  that 
branch  of  the  General  Assembly,  or  the  board  having  jurisdiction  of  the 
case ;  but  the  former  can,  in  its  discretion,  call  for  and  hear  other  proof. 

5.  The  taking  of  depositions  to  be  used  before  the  General  Assembly, 
or  either  branch  thereof,  shall  close  ten  days  before  the  next  meeting 
thereof,  or,  if  in  session  when  the  notice  is  given,  not  until  it  is  ordered  to 
close;  if  before  a  county  board,  it  shall  close  three  days,  and  if  before  the 
other  board,  six  days  before  the  day  of  hearing. 

6.  The  case  shall  be  heard  by  a  county  board  on  the  fourth  Monday 
after  the  service  of  notice;  and  by  the  other  board  the  eighth  Monday 
after  such  service ;  but  either  may,  for  good  cause,  allow  further  time. 

7.  The  costs  of  the  proceeding  shall  be  adjudged  against  the  unsuccessful 
party,  and  a  certificate  thereof  given  by  the  board,  or  by  the  clerk  of  either 
branch  of  the  General  Assembly,  as  the  case  may  require.  A  judgment  for 
the  same  may  be  obtained  after  five  days’  notice  in  a  circuit  or  county  court. 

§  1536.  Appeals  to  circuit  and  appellate  courts.  Any  person  in  interest  feeling 
5  ^  ^  himself  aggrieved  by  the  decision  of  the  board  whose  duty  it  is 
to  decide  contested  elections  under  section  fifteen  hundred  and 


G  B  c  S3, 
8  6 


§  1535.  Contest — notice  of.  The  notice  to 
be  sufficient,  should  point  out  the  precise 
grounds  of  contest.  Grinstead  v.  Scott,  82 
K3\,  88;  Rainey  v.  Ratcliffe,  81  Ky.,  468;  as 
to  time  within  which  notice  of  contest  must 
be  given  see  Batman  v.  Megowan,  1  Met., 
533;  and  the  contestant  can  only  rely  on  the 
grounds  stated  in  his  original  notice  of  con¬ 
test.  14  Law  Rep.,  273. 


§  1536.  (1)  Appeal  from  decision  of  board. 

It  is  the  duty  of  the  board  to  file  the  orig¬ 
inal  papers  in  the  circuit  court  when  an 
appeal  is  taken.  Grinstead  v.  Scott,  82 
Ky.,  88. 

(2)  Either  of  the  candidates  for  the  office 
of  justice  of  the  peace  may  appeal  from 
the  decision  of  the  contesting  board  which 
decided  that  the  vote  was  a  tie  between 


Ch.  41.] 


ELECTIONS. 


593 


thirty-four  shall  have  the  right  to  appeal  from  the  decision  to  the  circuit 
court  of  the  county  in  which  said  contestant  resides,  and  from  thence  to 
the  court  of  appeals,  as  in  other  cases. 

§  1537.  Papers  to  be  filed — no  oral  evidence.  A  copy  of  the  decision  and  the 
original  papers  and  depositions  used  in  the  contest  shall  be  filed 
by  the  board  in  the  circuit  court.  The  proof  must  be  taken  in  ®  a7, 

depositions,  and  no  oral  evidence  shall  be  heard  on  the  trial  of 
the  appeal. 

§  1538.  Judgment — effects  of.  On  the  production  of  a  copy  of  the  judg¬ 
ment  of  the  circuit  court,  the  successful  party  shall  be  permitted 
to  qualify  or  be  commissioned,  or  a  writ  of  election  shall  be  ®  ® 
issued  as  provided  in  section  one  thousand  five  hundred  and 
twenty-three,  as  the  case  may  require. 

§  1539.  Appeal  bond.  The  person  appealing  must  execute  bond,  with 
surety,  to  pay  cost  and  damages,  as  in  other  appeals  to  the  cir¬ 
cuit  court.  The  appeal  shall  be  placed  on  the  equity  docket  and 
tried  in  equity  as  other  actions- 


Article  IX. 

Pay  of  Officers  of  Elections. 

§  1540.  Cost  allowed  by  fiscal  court  of  county.  The  cost  of  all  elections  held 
in  any  county  shall  be  allowed  by  the  fiscal  court  of  such  county, 
and  paid  by  the  county  treasurer,  except  as  otherwise  provided  ®8c«,a8, 
by  law. 

§  1541.  Pay  of  officers  of  election.  Officers  of  elections  shall  receive  pay  as 
follows:  Judges,  two  dollars  each;  sheriffs,  two  dollars  each; 
clerks,  two  dollars  each;  in  all  elections  to  fill  vacancies,  the  ^scss.as. 
same  fees.  For  delivering  election  returns,  the  sheriflT  shall  also 
receive  eight  cents  for  each  mile  necessarily  traveled  from  the  place  of 
voting  to  the  place  of  delivery. 

§  1542.  County  clerk’s  fee  for  certificate — fees  of  witnesses  and  officers.  The 

clerk  of  the  county  court  shall  have  twenty-five  cents  for  each 
certificate  of  election  or  appointment  of  an  officer,  to  be  paid  by  ®  ®  “  ”'4  *• 
the  person  receiving  it.  The  compensation  ^o  witnesses  and 
officers  taking  depositions,  and  their  powers  and  duties,  in  cases  of  con¬ 
tested  elections,  shall  be  the  same  as  in  actions  in  equity. 


them,  and  settled  the  same  by  lot,  and  the 
unsuccessful  candidate  is  not  estopped  from 
asserting  his  right  to  appeal  by  having 
agreed  to  a  settlement  by  lot.  Imboden  v. 
Culley,  14  Law  Rep.,  701. 

(3)  On  the  trial  of  the  appeal  only  such 
depositions  as  were  read  before  the  contest¬ 
ing  board  can  be  heard  by  the  circuit  court, 
and  the  contestant  can  only  rely  on  the 
grounds  stated  in  his  original  notice  of  con¬ 
test.  Cowan  V.  Prowse,  14  Law  Rep.,  273. 

38 


(4)  Appeal  from  the  decision  of  the  board 
stands  for  trial  at  the  first  term  of  the  cir¬ 
cuit  court  after  the  appeal  is  taken.  Sec¬ 
tion  726  of  Civil  Code  does  not  apply  to  such 
appeals.  14  Law  Rep.,  273. 

(5)  On  mere  questions  of  fact  the  judg¬ 
ment  of  the  circuit  court,  especially  when 
it  agrees  with  the  finding  of  the  board,  will 
not  be  disturbed  by  this  court.  14  Law 
Rep.,  273;  and  see  Anderson  v.  Winfree,  85 
Ky.,  597. 


594 


ELECTIONS. 


[Ch.  41. 


Article  X. 

Electors  of  President. 

§  1543.  Meeting  at  Capitol — time  of.  Tke  electors  of  President  and  Vice- 
President  of  the  United  States  shall  convene  in  the  Capitol,  at 
osc^33,aio,  of  government,  at  ten  o’clock  in  the  morning  of  the 

second  Monday  in  January  after  their  election,  give  their  votes 
at  or  after  twelve  o’clock,  and  make  return  thereof  according  to  law. 

§  1544.  Elector  not  attending — place  filled.  If,  from  any  cause,  one  or  more 
of  the  electors  elected  fails  to  attend,  as  before  directed,  by 
G  8  c  33^a  10,  twelvG  o’clock  of  that  day,  those  in  attendance  shall  fill  the 
place  of  those  absent  by  the  election  of  another  person  or  per¬ 
sons,  who  shall  have  the  same  powers  as  if  originally  elected  by  the  people 
for  that  purpose. 

§  1545.  Compensation  and  mileage.  Each  elector  of  President  and  Vice- 
President  of  the  United  States,  for  each  day  he  attends  at  the 
o  8  c  w.  *1.  seat  of  government  as  an  elector,  shall  receive  the  same  'per  diem 
and  mileage  as  may  at  the  time  be  allowed  to  a  member  of  the 
General  Assembly,  to  be  paid  as  other  claims  upon  the  treasury.  {Compen¬ 
sation^  see  chap,  20,  sec.  370.) 

Article  XI. 

United  States  Senator — kow  and  lohen  elected — when  Governor  may  appoint. 

§  1546.  Election  of  senator  by  General  Assembly.  The  Legislature  which  shall 
be  chosen  next  preceding  the  expiration  of  the  time  for  which  any  sena¬ 
tor  was  elected  to  represent  this  Commonwealth  in  Congress  shall,  on  the 
second  Tuesday  after  the  meeting  and  organization  thereof,  proceed  to 
elect  a  senator  in  Congress,  in  place  of  such  senator  going  out  of  office,  in 
the  following  manner :  Each  House  shall  openly,  by  a  viva  voce  vote  of 
each  member  present,  name  one  person  for  senator  in  Congress  from  said 
State ;  and  the  name  of  the  person  so  voted  for  who  shall  have  a  majority 
of  the  whole  number  of  votes  cast  in  each  House  shall  be  entered  on  the 
journal  of  each  House  by  the  clerk  or  secretary  thereof;  but  if  either 
House  fail  to  give  such  majority  to  any  person  on  said  day,  that  fact  shall 
be  entered  on  the  journal.  At  twelve  o’clock,  meridian,  of  the  day  fol¬ 
lowing  that  on  which  proceedings  are  required  to  take  place,  as  aforesaid, 
the  members  of  the  two  Houses  shall  convene  in  joint  assem- 
08C33, a9,  joumal  of  each  House  shall  be  read;  and  if  the 

same  person  shall  have  received  a  majority  of  all  the  votes  in 
each  House,  such  person  shall  be  declared  duly  elected  senator  to  repre¬ 
sent  said  State  in  the  Congress  of  the  United  States ;  but  if  the  same  per¬ 
son  shall  not  have  received  a  majority  of  the  votes  in  each  House,  or  if 
either  House  shall  have  failed  to  take  proceeding  as  required  by  this  sec¬ 
tion,  the  joint  assembly  shall  then  proceed  to  choose,  by  viva  voce  vote  of 
each  member  present,  a  person  for  the  purpose  aforesaid ;  and  the  person 
having  a  majority  of  all  the  votes  of  said  joint  assembly,  a  majority  of  all 


Ch.  41.] 


ELECTIONS. 


595 


the  members  elected  to  each  House  being  present  and  voting,  shall  be  de¬ 
clared  duly  elected ;  and  in  case  no  person  shall  receive  any  such  majority 
on  the  first  day,  the  joint  assembly  shall  meet  at  twelve  o’clock,  meridian, 
of  each  succeeding  day  during  the  session  of  the  Legislature,  and  take  at 
least  one  vote  until  a  senator  shall  be  elected. 

§  1547.  Vacancy — when  filled  by  General  Assembly.  Whenever,  on  the  meet¬ 
ing  of  a  Legislature  of  this  State,  a  vacancy  shall  exist  in  the  repre¬ 
sentation  of  said  State  in  the  Senate  of  the  United  States,  said 
Legislature  shall  proceed,  on  the  second  Tuesday  after  the  com-  *9. 

mencement  and  organization  of  its  session,  to  elect  a  person  to 
fill  such  vacancy,  in  the  manner  herein  provided  for  the  election  of  a 
senator  for  the  full  term ;  and  if  a  vacancy  shall  happen  during  the  session 
of  the  Legislature,  then  on  the  second  Tuesday  after  the  Legislature  shall 
have  been  organized,  and  shall  have  notice  of  the  vacancy. 

§  1548.  Vacancy — when  filled  by  appointment  of  Governor.  Ifi  a  vacancy  in  the 
representation  of  this  Commonwealth  in  the  Senate  of  the  United  States, 
shall,  by  resignation  or  otherwise,  happen  during  the  recess  of 
the  General  Assembly,  the  Governor  of  the  Commonwealth 
may  fill  such  vacancy  by  the  appointment  of  some  person  qual¬ 
ified  and  eligible  to  the  office,  who  shall  be  the  senator  for  the  Common¬ 
wealth  of  Kentucky  in  the  Congress  of  the  United  States  until  the  General 
Assembly  shall  again  meet  and  elect  a  senator  to  fill  such  vacancy. 

§  1549.  Certificate  of  election.  It  shall  be  the  duty  of  the  Governor  to 
certify  the  election  of  the  person  so  chosen  or  appointed,  under  o  s  c  33.  a  9, 
the  seal  of  the  State,  to  the  President  of  the  Senate  of  the  United  ** 
States,  which  certificate  shall  be  countersigned  by  the  Secretary  of  State* 

Article  XII. 

Primary  Elections. 

§  1550.  Definition  of  primary  election.  A  primary  election,  within  the  mean¬ 
ing  of  this  article,  and  as  used  in  this  chapter,  is  an  election  held  within 
the  State,  county,  city,  district,  or  subdivision  thereof,  as  the  case  may  be^ 
by  the  members  of  any  political  party,  or  by  the  voters  of  some  political 
faith,  for  the  purpose  of  nominating  candidates  for  office. 

§  1551.  How  election  conducted.  All  primary  elections  held  in  this  Com¬ 
monwealth  by  the  various  political  parties  shall  be  held  and  conducted  in 
the  same  form  and  manner  and  under  the  same  requirements  as  are  or 
shall  be  provided  by  law  for  the  holding  of  regular  State  elections,  except 
in  such  particulars  as. are  herein  excepted. 

§  1552.  Offenses  against — penalties.  Any  act  or  deed  denounced  an  offense 
by  the  general  laws  of  the  State  concerning  elections  shall  also  be  an 
offense  in  all  primary  elections,  and  shall  be  punished  in  the  same  form 
and  manner  as  is  provided  for  the  punishment  of  similar  offenses  by  the 
general  laws;  and  all  the  penalties  and  ^provisions  of  the  general  law's 
shall  apply  in  such  cases  wfith  equal  force,  and  shall  be  as  eflbctive  as 
though  fully  set  out  in  this  article. 


596 


ELECTIONS. 


[Ch.  41. 


§  1553.  How  election  ordered  by  committee.  Whenever  it  shall  be  desired  by 
the  committee  or  governing  authority  of  any  political  party  to  hold  a 
primary  election  under  the  provisions  of  this  article,  said  committee  or 
governing  authority  shall,  at  least  forty  days  prior  to  such  primary  elec¬ 
tion,  give  public  notice  thereof,  by  posting  such  notice  at  the  court  house 
door  and  at  least  twenty  other  public  places  in  the  county  or  district. 
Such  notice  shall  state  the  date  of  such  proposed  primary  election,  the 
hours  between  which  it  will  be  held,  the  offices  for  which  candidates  are 
to  be  nominated,  and  the  places  at  which  polls  will  be  opened  at  such  pri¬ 
mary  elections. 

§  1554.  Qualification  of  voters.  Tliat  all  persons  who  are  legal  voters  shall 
have  the  right  to  participate  in  such  primary  elections,  subject  to  such 
additional  political  qualifications  as  may  be  prescribed  by  the  committee. 

§  1555.  Party  affiliation — provisions  for  registering.  In  order  that  none  but 
those  affiliating  with  and  being  members  of  any  political  party  shall  par¬ 
ticipate  in  any  primary  election  held  by  such  political  party,  a  system  for 
the  registration  of  such  persons  is  hereby  provided,  and  such  registration 
shall  be  conducted  in  form  and  manner,  as  follows,  to  wit :  In  all  cities 
and  towns,  of  whatever  class,  in  which  a  registration  law  is  in  force  under 
the  provisions  of  the  general  law  governing  regular  State  elections,  there 
shall  be  set  aside  on  the  regular  registration  books  used  for  the  purpose  of 
registering  persons  who  are  qualified  to  vote  at  the  next  regular  State 
election,  space  for  the  registration  of  all  persons  who  may  desire  to  take 
part  in  any  primary  election  held  by  any  political  party.  Such  space  shall 
be  provided  on  the  regular  State  registration  books,  immediately  follow¬ 
ing  the  last  perpendicularly  ruled  column  in  such  books,  and  shall,  be 
headed  as  follows  :  “  Party  Affiliation.”  It  shall  be  the  duty  of  the  judges 
of  such  regular  State  registration  to  ask  each  person  who  applies  to  be 
registered  the  question,  What  political  party  do  you  desire  to  affiliate 
with?”  And  the  name  of  the  political  party  given  by  such  person  so 
applying  to  be  registered  shall  be  recorded  in  the  column  provided  on  the 
books  of  registration  for  that  purpose.  In  case  any  person  applying  to  be 
registered  does  not  desire  to  state  his  party  affiliation,  he  shall  not  be  re¬ 
quired  so  to  do,  nor  shall  his  failure  so  to  do  act  as  a  bar  to  his  registra¬ 
tion  for  the  purpose  of  voting  at  any  election  held  under  the  provisions 
of  the  general  election  law.  The  committee  or  governing  authority  of 
any  political  party  desiring  to  hold  a  primary  election  under  the  provis¬ 
ions  hereof,  or  any  person  authorized  by  such  committee  or  governing 
authority,  shall  have  the  right  to  copy  into  books  provided  by  the  com¬ 
mittee  or  governing  authority  the  names  of  all  persons  registered  on  the 
regular  State  registration  books  as  affiliating  with  such  political  party,  a 
book  being  provided  for  each  precinct  of  the  city  or  town  in  which  it  is 
proposed  to  hold  such  primary  election ;  and  the  names  of  all  persons 
registered  in  each  precinct  on  the  regular  State  registration  book  or  books, 
shall  be  copied  into  the  book  or  books  provided  by  the  committee  or  gov¬ 
erning  authority  for  such  precinct,  together  with  the  residence  of  each 


Ch.  41.] 


ELECTIONS. 


597 


person  so  registered.  In  case  the  committee  or  governing  authority  of 
any  political  party,  desiring  to  hold  a  primary  election  under  the  provis¬ 
ions  hereof,  should  decide  to  hold  such  primary  election  previous  to  the 
time  set  for  the  registration  of  voters  for  that  year,  under  the  provisions 
of  the  general  law,  the  party  registration  for  the  previous  year  shall  gov¬ 
ern  at  such  primary  election.  Any  person  or  persons  who  were  neces¬ 
sarily  absent  from  the  city  or  town  of  their  residence  during  the  entire 
time  of  such  regular  State  registration,  or  any  person  or  persons  who  were 
too  ill  to  attend  such  registration,  or  who  were  prevented  therefrom  by 
sickness  or  death  or  other  calamity  in  their  family,  or  any  person  or  per¬ 
sons  who  moved  into  such  city  or  town  since  the  date  of  the  last  preced¬ 
ing  registration,  and  who  have  resided  continuously  in  the  precinct  in 
which  they  apply  to  vote  for  sixty  days  next  preceding  such  election, 
shall  be  allowed  an  opportunity  to  register  at  the  time  and  in  the  manner 
set  forth  herein,  as  follows,  to  wit :  Any  person  who  was  prevented  from 
registering  at  the  regularly  appointed  time  for  any  of  the  above-named 
causes,  may  apply  at  the  polls  of  the  precinct  in  which  he  resides  at  the 
primary  election,  and  make  affidavit  before  the  officers  of  such  primary 
election,  who  are  hereby  authorized  to  administer  oath  or  affirmation 
thereto,  and  certify  the  same  that  he  was  prevented  from  registering  at 
the ’regularly  appointed  time,  and  the  cause  for  such  failure  shall  be  set 
forth  in  such  affidavit.  In  all  such  cases  the  person  so  applying  to  the 
officers  of  the  primary  election  for  registration  shall,  in  addition  to  his  own 
affidavit,  produce  the  affidavits  of  at  least  two  well  known  and  reputable  resi¬ 
dents  of  the  precinct,  setting  forth  reason  or  reasons  for  the  failure  of  such 
person  to  attend  the  regular  registration.  In  all  cases  where  illness  is 
given  as  the  cause  for  failure  to  so  register,  the  affidavit  of  some  reputable 
physician  setting  forth  the  fact  shall  also  be  produced.  The  officers  of  such 
primary  election  shall  then  register  the  name  of  the  person  so  applying  in 
the  registration  book  for  the  precinct  on  the  page  immediately  following 
the  last  page  containing  the  names  of  those  regularly  registered ;  and  op¬ 
posite  each  name  so  registered  at  such  primary"  election  shall  be  marked 
the  words  ‘‘Specially  registered,”  and  such  person  shall  thereupon  be 
allowed  to  vote.  In  case  the  name  of  any  person  who  was  registered  at 
the  regularly  appointed  time  for  registration,  as  affiliating  with  any  polit¬ 
ical  party,  is  from  any  cause  omitted  from  the  list  of  names  copied  from 
the  regular  registration  books  into  the  primary  registration  books,  such 
person  shall  be  allowed  to  vote  upon  producing  a  certificate  from  the  cus¬ 
todian  of  the  regular  registration  books  setting  forth  the  fact  that  the 
name  of  such  person  does  appear  upon  such  registration  book. 

§  1556.  Registration  books — penalty  for  mutilating,  or  adding,  or  erasing  names.  Upon 
the  completion  of  the  copying  of  the  names  of  all  persons  entitled  to  vote  at 
any  primary  election  from  the  regular  State  registration  books  into  the  pri¬ 
mary  election  registration  books,  the  person  or  persons  copying  such  names 
shall  sign  his  or  their  name  or  names  to  the  primary  election  registration 
book  or  books  immediately  following  the  last  name  registered  therein,  and 


598 


ELECTIONS. 


[Ch.  41. 


anyone  who  shall  thereafter  add  any  name  or  names  to  the  list  of  names  con¬ 
tained  in  such  book  or  books,  or  who  shall  erase  therefrom  any  name  or 
names,  or  who  shall  otherwise  change  or  mutilate  such  book  or  books, 
shall  he  guilty  of  a  misdemeanor,  and  shall,  upon  indictment  and  con¬ 
viction  in  the  circuit  court,  he  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  and  be  imprisoned  in  the  county  jail  not 
less  than  sixty  days  nor  more  than  one  year. 

§  1557.  Registration  book — person  willfully  miscopying — penalty.  The  person  or 
persons  appointed  by  the  committee  or  governing  authority  of  any  polit¬ 
ical  party  to  copy  the  names  of  those  persons  entitled  to  vote  at  any 
primary  election  from  the  regular  State  registration  books  into  the  pri¬ 
mary  registration  hooks  shall,  before  entering  upon  the  discharge  of  such 
duty,  he  sworn  by  some  officer  authorized  by  law  to  administer  an  oath,  to 
faithfully  and  honestly  discharge  such  duty,  and  any  person  so  appointed 
by  the  committee  or  governing  authority  of  any  political  party  to  copy 
such  names  who  shall  register  any  name  or  names  in  such  primary  regis¬ 
tration  book  or  books  not  registered  in  the  regular  State  registration  book 
or  books,  or  who  shall  willfully  refuse  to  copy  any  name  or  names  entitled 
to  be  so  copied  from  the  regular  State  registration  hook  or  hooks  into  the 
primary  registration  hook  or  books,  shall  be  guilty  of  a  misdemeanor,  and 
shall,  upon  indictment  and  conviction  in  the  circuit  court,  he  fined  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dollars,  and  im- 
prisoned  in  the  county  jail  not  less  than  sixty  days  nor  more  than  one 
year. 

§  1558.  Registration  books — delivery  of.  The  person  or  persons  appointed 
by  the  committee  or  governing  authority  of  any  political  party  to  copy 
the  names  of  those  persons  entitled  to  vote  at  any  primary  election  to  be 
held  by  such  political  party  from  the  State  registration  book  or  books 
into  the  primary  registration  book  or  books-  shall,  upon  the  completion 
of  that  work,  deliver  to  the  duly  authorized  committee  or  governing 
authority  under  whose  direction  and  control  such  copying  was  done,  the 
book  or  books  containing  the  names  which  were  so  copied,  which  book 
or  books  shall,  previous  to  the  day  set  for  holding  such  primary  election, 
be  delivered  by  such  committee  or  governing  authority  to  the  officers 
named,  appointed  and  qualified  to  have  charge  of  the  primary  election  in 
the  several  precincts;  and  as  each  person  shall  apply  to  vote  at  such  pri¬ 
mary  election,  the  officers  thereof  shall  examine  such  registration  book 
or  books,  and  if  they  find  thereon  the  name  of  the  person  applying  to 
vote,  and  be  satisfied  that  he  is  the  person  whose  name  is  so  registered, 
they  shall  enter  the  word  “  Voted’*  after  his  name,  and  he  shall  then  be 
allowed  to  vote.  No  person  whose  name  is  not  contained  in  such  regis¬ 
tration  book  or  books,  except  those  hereinbefore  mentioned,  who  were 
specially  registered,  shall  be  allowed  to  vote  or  participate  in  such  primary 
election. 

§  1559.  Provision  where  no  registration  required.  In  all  counties,  districts  or 
precincts  in  which  no  registration  is  held  under  the  provisions  of  general 


Ch.  41.] 


ELECTIONS. 


599 


law,  all  legal  electors  shall  have  the  right  to  vote  at  any  primary  election 
held  by  any  political  party,  if  they  conform  to  the  conditions  and  qualifi¬ 
cations  prescribed  by  the  committee  or  governing  authority  of  the  political 
party  having  direction  and  control  of  such  primary,  by  applying  at  the 
polls  of  the  precinct  in  which  they  reside,  and  making  known  the  fact  that 
they  conform  to  such  conditions  and  qualifications  as  have  been  so  pre¬ 
scribed.  In  case  the  officers  of  such  primary  election  be  in  doubt  as  to  the 
right  of  any  person  to  vote,  such  person  shall  be  sworn  by  the  judges  of 
election,  and  if,  after  examination  as  to  his  right  to  vote,  he  be  allowed  to 
vote,  the  word  ‘‘Sworn  ”  shall  be  marked  on  the  stub  of  the  ballot  con¬ 
taining  such  person’s  name.  Any  bystander  may  also  challenge  the  right 
of  any  person  to  vote,  and  in  all  such  cases,  such  person  whose  right  to 
vote  is  so  challenged,  shall  be  sworn  and  examined  as  hereinbefore  set 
forth. 

§  1560.  Election  officers — appointment — oath — powers — duties  and  penalties.  The 

officers  for  each  election  precinct,  in  all  primary  elections  held  under  the 
provisions  hereof,  shall  be  of  the  same  number  as  is  required  and  desig¬ 
nated  by  law  to  hold  regular  State  elections,  and  their  duties  and  respon¬ 
sibilities  shall  be  precisely  the  same  as  those  of  legally  appointed  and 
regularly  qualified  officers  of  regular  State  elections.  They  shall  be  ap¬ 
pointed  by  the  regularly  organized  and  constituted  committee  or  govern¬ 
ing  authority  of  the  political  party  holding  such  primary  election,  and 
shall,  before  entering  upon  the  discharge  of  their  respective  duties,  take 
the  same  oath  required  to  be  taken  by  officers  of  regular  State  elections. 
The  officers  in  each  primary  election  precinct  shall  be  selected  from  lists 
furnished  by  the  various  candidates,  such  lists  to  be  furnished  by 
the  respective  candidates  to  the  committee  or  governing  authority 
at  least  ten  days  before  such  primary  election,  and  shall  be  as  nearly 
equally  divided  as  possible  as  to  judges,  clerks  and  sherifis  among  the 
various  candidates.  The  officers  of  all  primary  elections,  held  under 
the  provisions  hereof,  shall  have  the  same  powers  and  privileges  as  officers 
of  regular  State  elections,  and  shall  be  subject  to  the  same  restrictions,  lim¬ 
itations  and  conditions.  Any  act  or  deed  denounced  by  general  law  as  an 
offense  in  the  case  of  officers  of  regular  State  elections,  is  hereby  declared 
to  be  an  oftense  in  the  case  of  officers  of  such  primary  elections,  and  shall 
be  punished  in  the  same  form  and  manner  as  is  prescribed  by  general  law. 
{See  see.  1552;  also  sec.  1475,  1476.) 

§  1561.  Candidate — how  name  to  be  submitted.  Any  person  desiring  to  sub¬ 
mit  his  name  to  the  voters  in  a  primary  election  shall,  not  later  than  fif¬ 
teen  days  next  preceding  the  holding  of  such  primary  election,  apprise 
the  committee  or  governing  authority  of  the  political  party  holding  such 
primary  of  the  fact  that  he  is  a  candidate,  and,  upon  complying  with  the 
conditions  prescribed  by  the  committee  or  governing  authority  for  the 
regulations  of  candidates,  shall  be  declared  to  be  a  candidate  by  the  com¬ 
mittee  or  governing  authority  of  such  political  party;  and  any  person  who 
has  not  given  such  notice  to  the  committee  or  governing  authority,  or 


600 


ELECTIONS. 


[Ch.  41. 


who  has  not  complied  with  the  conditions  prescribed  by  the  committee  or 
governing  authority  for  the  government  of  candidates,  shall  not  have  his 
name  printed  on  the  ballots  used  in  such  primary  election;  but  any  per¬ 
son  desiring  to  vote  for  one  other  than  the  persons  whose  names  are 
printed  on  such  ballots  shall  have  the  right  to  do  so  by  writing  the  name 
of  the  person  for  whom  he  desires  to  vote  in  the  space  on  the  ballot  set  apart 
for  the  names  of  the  candidates  for  such  office  as  he  may  desire  such  per¬ 
son  so  voted  for  to  hold. 

§  1562.  Returns  of  election^alteration — penalty.  W'ithin  such  time  as  is  pro¬ 
vided  by  law  in  the  case  of’ State  elections,  and  in  the  same  manner,  the 
election  returns  of  all  primary  elections  shall  be  deposited  with  the  com¬ 
mittee  or  governing  authority  of  the  political  party  under  whose  direction 
and  control  such  primary  election  was  held,  at  such  place  as  the  commit¬ 
tee  or  governing  authority  shall  designate  at  which  to  receive  such 
returns,  and  any  person  who  shall  change  or  in  anywise  alter  such 
returns  shall  be  punished  in  the  same  form  and  manner  as  is  provided 
by  general  law  for  the  punishment  of  any  person  who  changes  or  in  any¬ 
wise  alters  the  returns  of  a  regular  State  election. 

§  1563.  Counting  vote — oath  and  duty  of  committee — decision  in  case  of  tie — pen¬ 
alty.  The  duly  authorized  and  constituted  committee  or  governing  author¬ 
ity  in  the  county  or  district  in  which  a  primary  election  may  be  held 
hereunder  is  hereby  empowered  to  count  the  votes  received  by  all  candi¬ 
dates  in  such  primary  elections,  and  to  declare  the  candidate  or  candidates, 
in  cases  where  candidates  for  more  than  one  office  are  to  be  nominated, 
receiving  the  highest  number  of  votes  the  nominee  of  such  political  party 
for  the  office  for  which  he  was  voted  for  at  such  primary  election.  In  all 
cases  of  a  tie  vote  or  contest,  the  committee  or  governing  authority  of  the 
political  party  holding  such  primary  election  shall  have  the  power  to  hear 
and  determine  such  contest,  and  decide  who  shall  be  entitled  to  the  nomi¬ 
nation.  The  proceedings  in  such  cases  shall  be  in  such  form  and  manner 
as  the  committee  or  governing  authority  shall  determine  upon.  Before 
entering  upon  the  discharge  of  the  duties  set  forth  in  this  article,  the 
committee  or  governing  authority  shall  be  sworn  by  some  officer  author¬ 
ized  by  law  to  administer  an  oath  to  faithfully  and  honestly  discharge  the 
duties  herein  imposed;  and  the  failure  upon  the  part  of  any  member  of 
the  committee  or  governing  authority  to  discharge  such  duties  faithfully 
and  honestly  shall  be  deemed  a  misdemeanor,  and  the  persons  so  offend¬ 
ing  shall,  upon  indictment  and  conviction  in  the  circuit  court  of  the 
county  or  district,  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  and  be  imprisoned  in  the  county  jail  not  less 
than  sixty  days  nor  more  than  one  year. 

§  1564.  Expenses  of  election — ballots  printed  by  order  of  committee.  All  expenses 
for  holding  sueh  primary  elections  shall  be  borne  and  paid  by  the  political 
party  holding  same,  and  the  pay  of  officers,  cost  of  publishing  and  circu¬ 
lating  notices  of  elections,  and  all  other  expenses,  shall  be  defrayed  in 
such  manner  as  may  be  provided  for  by  the  committee  or  governing 


Ch.  41.] 


ELECTIONS. 


601 


authority  of  the  political  party  holding  such  primaries.  The  ballots  used 
in  such  primary  elections  shall  be  printed  by  order  of  the  committee  or 
governing  authority  having  direction  and  control  of  such  primaries,  under 
the  same  restrictions  and  limitations  as  is  provided  by  general  law  for 
the  printing  of  ballots  used  in  regular  State  elections. 

§  1565.  General  application.  The  provisions  of  this  article  shall  apply  to 
all  primary  elections  held  for  the  purpose  of  nominating  candidates  for 
State,  county,  district  or  municipal  offices  hereafter  .held  in  this  Common¬ 
wealth,  except  those  held  in  the  year  one  thousand  eight  hundred  and 
ninety-two. 

Article  XIII. 

Penalties  against  Frauds  in  Elections — Limitation  to  Prosecutions. 

§  1566.  Removing  or  having  ballot  outside  election  room — when  a  felony.  Any 

person  who  shall  knowingly  and  willfully  remove  or  attempt  to  remove  a 
ballot  from  the  election  room,  or  have  in  his  possession  outside  the  elec¬ 
tion  room  any  ballot,  either  genuine  or  counterfeit,  during  the  election, 
shall  be  guilty  of  felony,  and,  on  conviction,  shall  be  imprisoned  in  the 
penitentiary  not  less  than  two  nor  more  than  five  years.  {See  sec.  1473.) 

§  1567.  Wrongful  removal  or  possession  of  ballot  —  penalties.  If  any  person 
shall  take  or  remove  in  any  manner,  feloniously  or  with  the  consent  or 
permission  of  the  custodian  for  the  time,  any  official  ballot  or  ballots, 
from  any  place  where  they  may  lawfully  be  under  this  law,  or  shall  know¬ 
ingly  and  willfully  have  in  his  custody  or  possession  such  ballots,  except 
as  an  official  or  custodian  under  the  law,  or  while  within  the  polling  place 
for  the  purpose  of  voting ;  or  if  any  such  custodian  or  official  shall  consent 
to,  or  permit  any  of  such  ballots  to  be  removed  or  carried  away  from  the 
place  where  they  may  lawfully  be,  by  any  person  except  such  official  or 
custodian  whose  duty  it  is  to  receive  the  same,  such  person,  custodian  or 
official  shall  be  deemed  guilty  of  a  felony,  and,  on  conviction,  shall  be  pun¬ 
ished  by  imprisonment  in  the  penitentiary  for  not  less  than  three  nor  more 
than  ten  years. 

§  1568.  Removing  or  destroying  booth  or  other  convenience — or  attempt.  Any  person 
who  shall,  during  the  election,  knowingly  and  willfully  remove  or  destroy 
any  of  the  supplies  or  other  conveniences  placed  in  the  booths  for  the  pur¬ 
pose  of  enabling  the  voter  to  prepare  his  ballot,  or  shall,  during  an  election, 
remove,  tear  down  or  deface  the  cards  printed  for  the  instruction  of  the 
voters,  or  shall,  during  an  election,  destroy  or  remove  any  booth  or  other 
convenience  provided  for  such  election,  or  shall  induce  or  attempt  to  in¬ 
duce  any  person  to  commit  any  of  such  acts,  whether  or  not  any  of  such 
acts  are  committed  or  attempted  to  be  committed,  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  punished  by  imprisonment  in 
the  county  jail  for  not  less  than  six  months  nor  more  than  one  year. 

§  1569.  Electioneering — wrongful  obtension,  exhibition,  marking  or  delivery  of  ballot. 
Xo  officer  of  election  shall  do  any  electioneering  on  election  day,  nor  dis¬ 
close  at  any  time,  to  any  person,  the  name  of  any  candidate  for  whom  any 


602 


ELECTIONS. 


[Ch.  41. 


elector  has  voted.  Ko  person  whatever  shall  do  any  electioneering  on 
election  day  within  any  polling  place,  or  within  fifty  feet  thereof, 
person  shall  apply  for  or  receive  any  ballot  in  any  polling  place  other  than 
that  in  which  he  is  entitled  to  vote.  ^To  person  shall  show  his  ballot, 
after  it  is  marked,  to  any  person  in  such  a  way  as  to  reveal  the  contents 
thereof  or  the  name  of  any  candidate  or  candidates  for  whom  he  has 
marked  his  vote ;  nor  shall  any  person  examine  a  ballot  which  any  elector 
has  prepared  for  voting,  or  solicit  the  elector  to  show  the  same.  No  voter 
shall  deliver  any  ballot  to  the  judges  of  the  election  to  be  voted,  except 
the  one  he  receives  from  the  clerk.  No  voter  shall  place  any  mark  upon 
his  ballot,  or  sufler  or  permit  any  other  person  to  do  so,  by  which  it  may 
be  afterward  identified  as  the  one  voted  by  him.  Whoever  shall  violate 
any  provision  of  this  section  shall,  on  conviction,  be  fined  not  less  than 
twenty  (20)  nor  more  than  five  hundred  (500)  dollars,  or  imprisoned  not 
less  than  ten  (10)  days  or  more  than  six  (6)  months,  or  both  so  fined  and 
imprisoned,  at  the  discretion  of  the  jury.  {See  sec.  1476.) 

§  1570.  Inducing  another  to  mark  ballot — felony — marked  ballots  not  counted.  If 
any  person  shall  induce,  or  attempt  to  induce,  any  elector  to  write,  paste, 
or  otherwise  place  on  his  ballot  the  name  of  any  person  or  any  sign  or 
device  of  any  kind,  as  a  distinguishing  mark  by  which  to  indicate  to  any 
other  person  how  such  elector  has  voted,  such  person  so  oflfending  shall  be 
guilty  of  felony,  and,  on  conviction,  be  imprisoned  in  the  penitentiary  not 
less  than  two  nor  more  than  five  years.  Any  ballot  having  any  of  the 
distinguishing  marks  mentioned  in  this  section  shall  not  be  counted  for 
any  candidate  voted  for  at  that  election. 

§  1571.  Person  entitled  to  inspect  ballot — revealing  information — felony.  If  any 
person,  being  an  officer  of  election  or  otherwise  entitled  to  the  inspection 
of  the  ballots  or  challengers,  shall  reveal  to  any  other  person  how  any 
elector  has  voted,  or  what  other  candidates  were  voted  for  on  any  ballot 
bearing  a  name  not  printed  thereon,  or  give  any  information  concerning 
the  appearance  of  any  ballot  voted,  such  person  so  offending  shall  be 
guilty  of  a  felony,  and,  on  conviction,  shall  be  imprisoned  in  the  peniten¬ 
tiary  not  less  than  two  nor  more  than  five  years. 

§  1572.  Personating  registered  voter — penalties.  Any  person  who  falsely  per¬ 
sonates  a  registered  voter,  in  any  precinct  where  registration  is  required, 
and  receives  a  ballot  under  the  provisions  of  section  one  thousand  four 
hundred  and  seventy-one,  by  means  of  such  personation,  and  casts  said 
ballot,  shall  be  deemed  guilty  of  a  felony,  and  shall,  upon  conviction 
thereof,  be  sentenced  to  imprisonment  in  the  penitentiary  for  not  less 
than  one  nor  more  than  two  years,  and  forfeits  his  right  to  vote  forever 
after.  The  attempt  at  such  personation  shall  be  punished  as  a  misde¬ 
meanor,  with  a  fine  of  not  exceeding  two  hundred  dollars,  and  imprison¬ 
ment  not  exceeding  six  months  in  the  county  jail. 

§  1573.  Destroying  or  obtaining  ballot  or  box — or  attempt.  Whoever  unlaw¬ 
fully  destroys,  or  attempts  to  destroy,  any  ballot-box  used,  any  ballot 
deposited  at  any  election,  or  whoever  at  any  election  unlawfully,  either 


Ch.  41.] 


ELECTIONS. 


603 


by  force,  fraud  or  other  improper  means,  obtains  or  attempts  to  obtain  pos¬ 
session  of  any  ballot-box,  or  any  ballots  therein  deposited,  while  the  voting’ 
at  such  election  is  going  on,  or  before  the  ballots  are  duly  taken  out  and 
counted  according  to  law,  shall  be  punished  by  confinement  in  the  peniten¬ 
tiary  for  not  less  than  one  nor  more  than  five  years,  and  be  fined  not  less 
than  fifty  nor  more  than  one  thousand  dollars. 

§  1574.  Right  of  employe — employer  refusing  leave.  Any  person  entitled  to  a 
vote  at  any  election  in  this  State  shall,  on  the  day  of  such  election,  be 
entitled  to  absent  himself  from  any  services  or  employment  in  which  he 
is  then  engaged  or  employed  for  a  period  of  four  hours,  between  the  time 
of  opening  and  closing  the  polls ;  and  such  voter  shall  not,  because  of  so 
absenting  himself,  be  liable  to  any  penalty,  nor  shall  any  deduction  be 
made  on  account  of  such  absence  from  his  usual  salary  or  wages :  Provided, 
however,  That  application  for  such  leave  of  absence  shall  be 
made  prior  to  the  day  of  election.  The  employer  may  specify  °lctV2*® 
the  hours  during  which  said  employe  may  absent  himself  as 
aforesaid.  Any  person  or  corporation  who  shall  refuse  to  an  employe  the 
privilege  hereby  conferred,  or  shall  discharge  or  threaten  to  discharge  an 
employe  for  absenting  himself  for  the  purposes  of  said  election  from  his 
work,  or  shall  subject  an  employe  to  a  penalty  or  deduction  of  wages  be¬ 
cause  of  the  exercise  of  such  privilege,  or  who  shall,  directly  or  indirectly, 
violate  the  provisions  of  this  section,  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and  be  fined  in  any  sum  not  less  than  fifty  nor  more  than  five 
hundred  dollars. 

§  1575.  Selling  or  furnishing  intoxicating  liquors.  Whoever  sells,  loans,  gives 
or  furnishes  to  any  person  or  persons,  either  directly  or  indirectly,  spirit¬ 
uous,  vinous  or  malt  liquors,  or  any  other  intoxicating  drink,  in  any  pre¬ 
cinct,  town,  city  or  county  of  this  Commonwealth,  upon  the 
day  of  any  general  or  primary  election  therein,  shall  be  guilty  cons  154 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined 
the  sum  of  not  less  than  twenty-five  nor  more  than  fifty  dollars  for  each 
offense,  which  maybe  recovered  by  proceedings  in  any  court  of  competent 
jurisdiction,  or  by  indictment  in  the  circuit  court.  It  shall  be  the  duty  of 
the  circuit  judges  throughout  this  Commonwealth  to  make  special  men¬ 
tion  of  this  section  in  charge  to  the  grand  juries  of  said  courts. 

§  1576.  Disobedience  of  election  officer’s  commands.  Any  person  who  shall 
willfully  disobey  any  lawful  command  of  any  officer  of  an  election  held 
under  this  chapter,  given  in  the  execution  of  his  or  their  duty  as  such  at  any 
such  election,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction, 
be  fined  not  less  than  twenty-five  nor  more  than  five  hundred  dollars. 

§  1577.  Officers  violating  duties.  Any  public  officer  upon  whom  a  duty  is 
imposed  under  this  chapter,  and  no  penalty  provided  for  the  violation 
thereof,  who  shall  willfully  neglect  to  perform  such  duty,  or  who  shall  will¬ 
fully  perform  it  in  such  away  as  to  hinder  the  objects  of  this  law,  shall  be 
punished  by  a  fine  of  fifty  dollars  and  imprisonment  in  the  county  jail 
for  two  months. 


604 


ELECTIONS 


[Ch.  41. 


§  1578.  Sheriff  failing  to  perform  duty.  Any  sheriff  who  willfully  fails  to 
cause  an  election  to  be  held  as  required  by  law  shall  be  fined 
Gsc33,ai2,  Qjie  hundred  to  five  hundred  dollars.  If  he  willfully  fails 

to  perform  any  other  duty  concerning  an  election,  for  which 
there  is  no  penalty  specifically  prescribed,  he  shall  be  fined  from  twenty 
to  two  hundred  dollars. 

§  1579.  Officer  appointed  failing  to  perform  duty.  Any  officer  of  election  or  of 
registration,  in  any  precinct  where  registration  is  required,  who, 
Gsc33,ai2,  ^fter  duo  notice  of  his  appointment,  shall  fail  to  perform  his 
duty  as  such  in  holding  any  election  or  registration,  unless  for 
good  cause,  shall  be  fined  from  twenty-five  to  five  hundred  dollars. 

§  1580.  Officer  of  canvassing  or  contesting  board — neglect  or  corrupt  act.  Any 
officer  who,  without  sufficient  excuse,  fails  to  discharge  his  duty  after  an 
election,  as  one  of  a  board  for  canvassing  the  election  returns,  or  to  decide 
a  contested  election,  shall  be  fined  from  one  hundred  to  one 
080^33, ai2,  thousand  dollurs,  and  imprisoned  in  the  county  jail  not  exceed¬ 
ing  sixty  days.  Any  officer  who  shall  act  corruptly  or  with 
partiality  in  the  discharge  of  such  duty  shall  be  fined  from  one  hundred 
to  five  hundred  dollars,  and  shall  also,  in  addition,  forfeit  any  office  he 
then  holds,  and  be  disqualified  from  ever  holding  any  office. 

§  1581.  Altering,  secreting,  destroying  polhbook,  return  or  certificate.  Any  officer 
or  other  person  who  shall  willfully  alter,  obliterate,  or  willfully  secrete, 
suppress  or  destroy  the  certified  poll-book,  return  or  certificate  of  an 
election,  willfully  and  unlawfully  alter  the  poll-book  before  it 
G8c33,ai2,  certified;  or  any  officer  who  shall  make,  or  aid  in  making,  or 
authorize  the  making  up  of  any  false  or  fraudulent  poll-book, 
or  certificate  of  an  election  or  election  return,  shall  be  deemed  guilty  of 
forgery,  be  confined  in  the  penitentiary  from  one  to  five  years,  forfeit  any 
office  he  then  holds,  and  be  disqualified  from  ever  holding  any  office. 

§  1582.  Refusal  to  give  certificate  of  election.  Any  officer  whose  duty  it  is 
to  give  or  aid  in  giving  a  certificate  of  election,  or  of  the  returns  of  an 
election,  or  to  forward  the  same,  who  shall  willfully  refuse  or 
G8c^33,ai2,  Same,  or  to  send  the  same  to  the  Secretary  of 

State,  as  required  by  law,  shall  be  fined  not  more  than  a  thou¬ 
sand  dollars,  forfeit  any  office  he  may  then  hold,  and  be  disqualified  from 
ever  holding  any  office. 

§  1583.  Receiving  or  recording  illegal  vote.  Any  officer  of  election  who  shall 
receive,  or  assent  to  receive,  or  record  a  vote  at  an  election  at  a  time  or 
place  known  by  him  not  to  be  the  time  and  place  lawfully  appointed,  or 


§  1581.  False  entry  in  poIFbook.  Making 
up  a  fraudulent  poll-book  is  a  single  offense, 
whether  consisting  of  the  false  entry  of  one 
or  more  votes,  or  of  votes  for  one  or  more 
candidates  for  office.  Com.  v.  Duff,  87  Ky., 
586;  and  see  Com.  v.  Eckert,  14  Law  Rep., 
250. 

§  1583.  Liability  of  judge  for  refusing  vote. 


To  render  a  judge  liable  for  refusing  to 
permit  a  qualified  voter  to  vote  it  must 
appear  that  the  refusal  was  knowingly 
wrongful,  and  that  the  judge  was  prompted 
by  impure  and  corrupt  motives.  Caulfield 
V.  Bullock,  18  B.  M.,  494;  Morgan  v.  Dudley, 
18  B.  M,,  693;  Chrisman  v.  Bruce,  1  Duv., 
63;  Miller  v.  Rucker,  1  Bush,  135. 


Ch.  41.] 


ELECTIONS. 


605 


who  shall  knowingly  receive  the  vote  of  any  other  than  a  qualified  voter, 
or  so  refuse  to  receive  the  vote  of  a  qualified  voter,  shall,  for 
every  such  oftense,  be  fined  from  fifty  to  five  hundred  dollars,  ®sc^33^,»i2, 
forfeit  any  office  he  then  holds,  and  be  disqualified  from  ever 
holding  any  ofiice. 

§  1584.  Person  not  qualified  voting.  Any  resident  of*  this  State  who  shall 
vote  at  any  election  before  he  has  resided  one  year  in  the  State, 
or  in  the  county  and  precinct  where  the  election  is  held  the  ®®«33. an. 
time  required  by  law,  or  before  he  has  attained  full  age,  or 
before  he  has  been  duly  naturalized,  shall  be  fined  from  fifty  to  one  hun¬ 
dred  dollars,  or  imprisoned  from  ten  to  ninety  days,  or  both. 

§  1585.  Non=resident — repeating — false  personation — felony.  Any  resident  of 

another  State  or  country  who  shall  vote  at,  or  any  person  who  shall  vote 
more  than  once  at  an  election,  or  knowingly  vote,  or  offer  to  vote,  in  any 
precinct  except  the  one  in  which  he  resides ;  any  person  who 
shall  vote  by  means  of  a  false  personation,  or  use  of  the  natur-  ®8c33^,^ai2, 
alization  papers  of  another  person,  dead  or  living,  and  any 
person  who  shall  lend  or  hire  his  or  another’s  naturalization  papers  to 
be  used  for  such  purpose,  shall  be  imprisoned  in  the  penitentiary  not  less 
than  one  nor  more  than  five  years. 

§  1586.  Bribery — receiving  bribe — what  is  bribery.  Any  person  guilty  of  re¬ 
ceiving  a  bribe  for  his  vote  at  an  election,  or  for  services  or  in-  • 
fluence  in  procuring  a  vote  or  votes  at  an  election,  shall  be 
fined  from  fifty  to  five  hundred  dollars,  and  be  exclude4  from 
office  and  suffrage. 

1.  “  Bribe  ”  or  “  bribery  ”  means  any  reward,  benefit  or  advantage, 
present  or  future,  to  the  party  influenced  or  intended  to  be  influenced,  or 
to  another  at  his  instance,  or  the  promise  of  such  reward,  benefit  or  ad¬ 
vantage. 

2.  Money  or  other  thing  of  value  given  or  lent  in  whole  or  in  part,  to 
be  betted  on  the  result  of  election,  or  the  promise  thereof,  or  a  bet  with 
another  that  such  other  will  vote  for  a  named  candidate,  and  the  gift  or 
promise  of  a  share  in  any  such  bet  made  or  to  be  made,  shall  be  deemed  a 
bribe. 

3.  Whoever  shall  receive  money  or  other  thing  of  value  to  be  used  for 
the  purpose  of  procuring  or  influencing  a  vote  or  votes  shall  be  deemed  to 
have  been  bribed.  (See  Constitution,  sec.  151.) 

§  1587.  Bribery — bribing  another.  Whoever  shall  bribe  another  shall,  on 
conviction,  be  fined  from  fifty  to  one  hundred  dollars,  or  im¬ 
prisoned  from  ten  to  ninety  days,  or  both  so  fined  and  impris-  ®  sc33,*i*, 
oned,  and  be  excluded  from  office  and  suffrage. 

§  1588.  Unlawful  interference  with  election.  Any  person  who,  by  himself  or 

-  '  ■■  ■■  -  ■  ■  ■■»  —  II  ■  —  .1  ■.  11.1  ^  ^  ■  ■  I 

§  1586.  Bribery.  As  to  sufficienc}’’ of  in-  v.  Selby,  87. Ky.,  594;  Curran  v.  Taylor,  13 
dictment  for,  and  what  is  necessary  to  con-  Law  Rep.,  750;  Com.  v.  Stephenson,  3  Met., 
stitute  the  offense,  see  Johnson  v.  Com.,  90  236;  Hall  v.  Marshall,  80  Ky.,  553. 

Ky.,  53;  Cheek  v.  Com.,  87  Ky.,  43;  Com. 


606 


ELECTIONS. 


[Oh.  41. 


in  aid  of  others,  shall  forcibly  break  up  or  prevent,  or  attempt  to  break 
up  or  prevent,  the  lawful  holding  of  an  election,  or  so  obstruct 
Gsc3|,ai2,  Qj,  attempt  to  obstruct  the  same,  or  so  prevent  or  attempt  to 
prevent  any  qualified  voter  from  giving  his  vote,  shall  be  fined 
from  fifty  to  five  hundred  dollars,  or  imprisoned  not  more  than  one  year. 

§  1589.  Making  or  procuring  another  to  make  false  oath.  Any  person  who  shall 
make  any  willfully  false  statement,  under  an  oath  duly  admin- 
G  s  c  33,a  10,  jgtered  at  an  election,  shall  be  confined  in  the  penitentiary  from 
one  to  five  years.  Any  person  who  shall  willfully  procure 
another  to  make  such  false  statement  shall  be  confined  in  the  penitentiary 


one  year. 

§  1590.  Counseling  or  procuring  one  to  make  false  oath.  Any  person  who  shall 
counsel,  advise  or  procure  the  commission,  or  aid  in  the  com- 
Gsc^33,ai2,  miggion,  of  either  of  the  offenses  named  in  this  article,  shall 
incur  thereby  the  penalty  therefor,  as  therein  named. 

§  1591.  Liberal  construction  of  chapter — charge  to  grand  jury.  This  chapter 
shall  be  liberally  construed,  so  as  to  prevent  any  evasion  of  its  prohibi¬ 
tions  and  penalties  by  shift  or  device.  Irregularities  or  defects 
G  sc33^,ai2,  modc  of  couveuing  or  conducting  an  election  under  this 

law  shall  constitute  no  defense  to  a  prosecution  for  a  violation 
of  its  provisions.  It  shall  also  be  given  specially  in  charge  to  the  grand  jury 
of  every  county  first  convened  after  any  general  election. 

§  1592.  Officers  to  give  information — arrest — bail.  It  shall  be  the  special  duty 
of  any  officer  of  an  election  to  give  information  of  all  infractions  of  this 
law  to  the  grand  jury  or  Commonwealth’s  attorney;  and  when  there  is 
reason  to  fear  that  an  offender  will  make  his  escape  out  of  the 
osc3^3^,ai2,  county  before  indictment,  any  such  election  officer  may  procure 
his  immediate  apprehension.  The  officer  before  whom  such 
offender  is  brought,  if  satisfied  of  his  guilt,  shall  require  from  him  surety, 
in  adequate  penalty,  for  his  appearance  at  the  next  circuit  court,  to  answer 
the  charge ;  and  on  his  failure  to  give  it,  commit  him  to  jail  till  such 
surety  is  given. 

§  1593.  Witnesses  before  grand  jury — refusal  to  testify.  A  grand  jury  may 
cause  any  person  to  be  summoned  before  them  as  a  witness,  who  shall  be 
compelled  to  testify  as  to  any  knowledge  he  may  possess  touch- 
GSc3^3^,ai2,  violation  of  law  in  relation  to  elections  in  the  county 

during  the  preceding  eighteen  months ;  and  if  he  refuses  to  tes¬ 
tify  on  oath,  he  shall  be  committed  to  prison  until  he  submits,  and  be  fined 
from  ten  to  thirty  dollars  by  the  court,  and  a  like  sum  for  each  daily 
repetition  of  the  contempt. 

§  1594.  Self*criniiaating  testimony — single  witness  insufficient.  In  any  prosecu¬ 
tion  under  this  chapter,  it  shall  be  no  exemption  for  a  witness  that  his 


§  1589.  False  swearing.  Where  the  oath  administer  an  oath,  and  a  person  sworn 
was  administered  by  the  judge  of  an  elec-  by  him  can  not  be  convicted  of  perjury, 
tion  who  had  not  himself  taken  the  pre-  Biggerstaff  v.  Com.,  11  Bush,  169. 
scribed  oath  he  was  not’  authorized  to 


Ch.  42.] 


ELISOR. 


607 


testimony  may  criminate  himself ;  but  no  such  testimony  given  by  a  wit¬ 
ness  shall  be  used  against  him  in  any  prosecution,  except  for  perjury; 
and  if  used  on  behalf  of  the  Commonwealth,  he  shall  stand  dis¬ 
charged  from  all  penalty  for  any  violation  of  this  chapter,  so  ®8c33.^»ia. 
necessarily  disclosed  in  his  testimony,  as  tending  to  convict  the 
accused.  But  the  jury  shall  never  convict  any  one,  under  the  provisions 
of  this  chapter,  upon  the  testimony  of  a  single  witness,  unless  sustained 
by  strong  corroborating  circumstances. 

§  1595.  Limitation — two  years  except  in  case  of  felony.  No  prosecution  shall 
be  had  under  this  chapter  where  the  penalty  is  less  than  con-  QBc33.*ia. 
finement  in  the  penitentiary,  unless  the  same  is  commenced 
within  two  years  from  the  time  of  the  commission  of  the  oft'ense. 

Article  XIV. 

Local  Option. 

§  1596.  Time  of  holding  elections  on  liquor  questions.  All  elections  to  take 
the  sense  of  the  people  of  any  town,  city,  county,  district  or  precinct  as 
to  whether  or  not  spirituous,  vinous  or  malt  liquors  shall  be  sold,  bartered 
or  loaned  therein,  or  the  sale  thereof  regulated,  shall  be  held  as  herein¬ 
before  provided  for  the  elections  of  county,  town,  city,  district  or  precinct 
officers,  except  that  a  vote  on  such  questions  shall  be  held  on  a  day  other 
than  the  regular  election  day.  All  laws  or  parts  of  laws,  general  or 
special,  now  in  force,  inconsistent  with  this  act,  or  any  part  of  its  provis¬ 
ions,  are  hereby  repealed. 


^  COMMONWEALTH  OF  KENTUCKY,  ) 

Office  of  Secretary  of  State,  j 

I,  JOHN  W.  HEADLEY,  Secretary  of  State  for  the  Commonwealth 
aforesaid,  do  hereby  certify  that  the  foregoing  writing  has  been  carefully 
compared  by  me  with  the  election  law  as  printed  in  the  Kentucky  Statutes, 
whereof  it  purports  to  be  a  copy,  and  that  it  is  a  true  and  exact  copy  of 
the  same. 

In  Testimony  Whereof,  I  hereunto  sign  my  name,  and 
[seal]  cause  my  Official  Seal  to  be  affixed.  Done  at  Frankfort,, 

this  1st  day  of  September,  A.  D.  1894. 

John  W.  Headley,* 

Secretary  of  State. 

By  Edw.  0.  Leigh, 

Assistant  Secretary  of  State. 


